Session 2: Trusts and Estates Planning Update
Face to face
Date: Tuesday 27 February 2018
Time: 9.45am to 12.45pm
Venue: Novotel Christchurch, 50 Cathedral Square Christchurch
Attend and earn 3 CPD hours
The end of the CPD year is nearly here - but don't worry, we've got you covered! Featuring an expert speaking panel and timely topics hand-picked to cover new legislation, new cases and new trends, along with updates on some of the most crucial topics in legal practise right now. Gain all your CPD hours, all in one day.
Chair: Stephen van Bohemen, Barrister
PPPR: Applications for Review/Renewal of Orders
- Applications: range of available orders
- Schedule 1 powers
- Court powers for review of guardians and managers
- Renewal of appointments
- Costs and reimbursement of guardians and managers
- Consents and family disputes
Presented by Michael O'Regan, Consultant, Cameron & Co Lawyers
Wills and Trusts Update: The Latest Developments all Will Drafters Need to Know
- Lessons from the recent case of Farn v Loosley  3 NZLR 383 and the Court of Appeal's assessment of the decision
- Application to remove a trustee and Issues of capacity
- When will a solicitor be negligent for not detecting incapacity?
- When should a solicitor instruct an expert physician?
- Which physicians are competent to assess capacity?
- Common misconceptions about 'undue influence'
- New trusts legislation
Presented by Maria Young, Partner, Cavell Leitch
Removal of Trustees
As practitioners we all have clients who never anticipate their own diminished capacity and leave it too late to retire voluntarily or transfer their powers of appointment. You will consider:
- How does the trust then continue to operate?
- How to remove a trustee who has lost capacity
- The transfer of assets to those new trustees
- Practical solutions when drafting trust deeds
- Implications of the Trusts Bill
Presented by Ingrid Taylor, Partner, Taylor Shaw
- Learn about applications for review/renewal of orders in PPPR
- Receive an update and drafting tips in wills and trusts
- Master how to remove trustees
Chair: Stephen van Bohemen
Stephen van Bohemen specializes in family law and has appeared as counsel for parties and/or children in the Court of Appeal, High Court and the Family Court. His practice includes children's law, and resolution of relationship property, trust and estate matters. He was a member of the NZLS Litigation Skills faculty for a number of years. He has presented papers on a variety of family law topics at conferences and seminars locally, nationally and internationally. Stephen is a contributing editor to Brookers Online Family Law Service - Family Property and Family Procedure, a member of the Expert Advisory Group to the Law Commission on its current review of the Property (Relationships) Act 1976 and a member of the Advisory Panel to the Family Law Section of New Zealand.
In practice for over 40 years in Christchurch and Partner at Cameron and Company. Currently chair of Standards Committee No 1 of Canterbury Westland Branch of NZLS. Served on Former Complaints (now Standards) Committees for over 12 Years. Undertaken audit work for Legal Services Agency. Chair of Organising Committee combined NZLS / Lawasia Conference 2001. Presenter at NZLS Seminars.
Maria Young joined Cavell Leitch in 2008 to further her interest in estate planning law. Since then she has consolidated her experience in Wills, Powers of Attorney and Elder Law and works closely with our Trusts team. Maria has a variety and depth of experience. Immediately prior to joining Cavell Leitch, she worked for two other Christchurch Law firms where her interest in trusts and asset protection was sparked. During that time she gained experience in residential, rural and commercial property transactions, business sales and purchases, employment issues, relationship property issues, wills and trust law.
Ingrid Taylor leads Taylor Shaw's practice in Trusts, Commercial Law, Residential Property, and Elder Law, including wills and estates. With over 25 years experience, Ingrid has advised a wide range of clients across many industries including land development, engineering, manufacturing, building, architecture, fashion, farming, and technology. Ingrid is recognised as one of New Zealand's leading experts in the area of Trust law, she is a member of the Trusts and Wills Sub-Committee of the New Zealand Law Society, and is regularly invited to present papers and lead seminars at conferences on trust matters. Ingrid provides advice to settlors, trustees, and beneficiaries on trust structure including the analysis of existing trusts, resettlements and new trusts. She integrates this advice with recommendations in respect of estate planning and asset protection. This includes preparation and advice in respect of wills. Ingrid also provides high level advice in all areas of commercial law, including business acquisitions and sales, contracts, leases, company incorporation as well as governance and management, director duties, and shareholder disputes, joint ventures, partnerships, and limited partnerships. She has expertise in conveyancing: from residential homes through to complex subdivisions, body corporate apartments, and commercial buildings. With a strong background in contributing to various Boards, Ingrid currently sits on the Board of the Independent Schools of New Zealand. Ingrid is also a member of the Institute of Directors and acts as a Trustee for a number of charitable societies, organisations and individuals.
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