5th Annual Wills, Estates and Succession Conference
Date: Wednesday 21 March 2018
Time: 9.00am to 5.15pm
Venue: Stamford Auckland, 22 - 26 Albert St Auckland
Attend and earn 7 CPD hours
Tell us if this recipe sounds familiar: mix together some questionable will drafting, complex executor and trustee issues, messy inheritance considerations and creditors hot on the trail of assets. Mix in a good sprinkling of bitter family resentment and heated disputes, and then watch it all explode. Basically, a recipe for disaster that your clients bring to a boil and then dumped in your lap. Avoid making a mistake that will prove costly for both you and your client by attending so that you can learn how to avoid problems that can and will blow up in your face.
Session 1: Wills and Estate Succession
Chair: Vanessa Bruton QC, Barrister, O'Connell Chambers
Testamentary Capacity, Knowledge and Approval, Undue Influence - 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
- 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?
- The cause of action for 'lack of knowledge and approval'
- Common misconceptions about 'undue influence'
Presented by Anthony Grant, Barrister, Radcliffe Chambers
- Trust structures
- Withstanding claims under sections 44 and 44C Property (Relationships) Act, section 182 Family Protection Act, Clayton and constructive trust
- Lessons from Da Silva v Da Silva (HC)
- Documenting family loans and arrangements
- Lessons from Hansard v Hansard (CA)
- Section 21 agreements
Presented by Mary Joy Simpson, Partner, Hesketh Henry
Managing the Transition from Executor to Trustee
- Appointment and removal of executors vs trustees
- What is assent?
- When is formal assent required/recommended?
- Beneficiary rights against administrators vs trustees
- Executor/trustee: What does the name mean?
Presented by Vicki Ammundsen, Director, Vicki Ammundsen Trust Law
Alienation of Property with Intent to Defeat Creditors
The principles, practice and procedure related to situations involving the alienation of property with an intent to defeat creditors can be complex and challenging. Examine how to proceed effectively and efficiently in such matters.
Presented by Geoffrey Harrison, Barrister, Southern Cross Chambers
Session 2: Estate Disputes
Chair: Vanessa Bruton QC, O'Connell Chambers
Equitable Remedies in Wills and Estates Litigation
- Equitable claims and their interaction with family provision applications
- The how, when and where of constructive trusts, resulting trusts and proprietary estoppel
- Other equitable remedies including removal of a fiduciary and account of profits
Presented by Jarrod Walker, Partner, Bell Gully
Family Protection Act and Recent Cases
- Effect of the Property (Relationships) Act: Sands v O'Horgan
- Unequal distribution of estate among children: Rule v Rule; Talbot v Talbot; Ormsby v Van Selm
- Ill treatment or neglect by testator: Thomas v Burton
- Claimant competing against surviving stepparent: Chambers v Chambers
- Childhood abuse and estrangement: AB v RT
Presented by Stuart Cummings, Barrister, Surrey Chambers
Enforcing Promises: The Testamentary Promises Act
The Law Reform (Testamentary Promises) Act 1949 is a piece of legislation unique to New Zealand that makes "better provision for the enforcement of promises to make testamentary provision in return for services rendered". This presentation will provide practical guidance to lawyers when drafting wills to ensure they are less vulnerable to attack and also to lawyers advising clients in relation to bringing or defending a claim based on a promise
- Overview of the Act and an analysis of recent decisions under this legislation
- Bringing and defending claims under the Act, including procedural requirements and the role of an executor
- Analysis of strategies when drafting wills and providing advice to testators regarding potential claims under the Act
Presented by Sally Morris, Partner and Georgia Angus, Senior Solicitor, Morris Legal
- Gain a key update on the Testamentary Promises Act
- Catch up on the Family Protection Act and recent cases
- Understand Testamentary Capacity, Knowledge and Approval, Undue Influence
Chair: Vanessa Bruton QC
Vanessa Bruton is an Auckland barrister, practising almost exclusively in trust and estate disputes, including relationship property disputes where trusts are involved. Her practice includes both domestic and international trust disputes where there is a New Zealand law or jurisdiction aspect. She is a member of STEP (Society for Trust and Estate Practitioners) and a frequent speaker at NZLS, ADLS and other seminars. She was leading counsel for the successful plaintiffs in Thurston v Thurston and Green v Green, and acted for the successful trustees in Thompson v Thompson. For more about Vanessa see www.trust-litigation.co.nz
Anthony Grant is an Auckland barrister whose primary areas of specialisation are the Law of Trusts, the administration of Estates, and disputes about testamentary and other capacities. He is the most prolific author in New Zealand of articles on these topics and he regularly delivers Papers at seminars on them. He has conducted many cases in Company law, Securities law, land law, contracts, tort, and Equity and believes that a good understanding of these and other laws is helpful for the creation of strategies that will succeed in securing client objectives. In his spare time he has, with his wife Sandra, created Sculptureum, an art tourism venture at Matakana. (For details of this project see www.sculptureum.nz). The Sculptureum project is managed by others and Anthony maintains a full time practice as a lawyer.
Mary Joy Simpson
A specialist in trust and estate planning law, Mary Joy Simpson regularly reviews and provides advice on personal asset management plans. She is experienced in navigating issues arising for clients and families as they put in place and act under enduring powers of attorney. Mary Joy is a partner with Auckland law firm Hesketh Henry, leading their private client team. Mary Joy has previously presented CLE papers on wills, trust drafting and enduring power of attorney.
Vicki Ammundsen is a director at Vicki Ammundsen Trust Law. Vicki's approach to trust law is practical but also grounded in a good understanding of trust law principles, related legislation and case law. As the author of a number of texts including Taxation of Trusts, the Trustee's Handbook and Trustee Liability, Vicki is well placed to provide advice on all areas of trust law.
Geoff Harrison is an experienced barrister who specialises in Family Law. He understands the sensitivity and confidentiality required when it comes to resolving family legal matters and concerns. He offers a wide range of legal services, including but not limited to: All aspects of family law, Parenting issues, Relationship and trust property disputes and Estate litigation issues. Geoff is a contributing author to 'Fisher on Matrimonial and Relationship Property', and is a member of the New Zealand Law Society.
Jarrod Walker is a partner in Bell Gully's tax and personal asset planning teams. Jarrod's tax practice involves provision of advice to a range of the firm's corporate, financial institution and personal clients. His tax experience is complemented by his involvement in the trusts / personal asset planning team where he advises clients on a variety of trust and asset planning matters. Jarrod is a member of the International Fiscal Association (IFA) and the Society of Trust and Estate Practitioners (STEP).
Stuart Cummings commenced practising law in 1979 as an old-fashioned "law clerk" while completing his law degree. He was admitted in May 1982 and has practised, in the earlier days, in a number of jurisdictions before specialising in Family Law in the late 1980s. Over the past 17 years that family law focus has further narrowed to a predominance of work in the relationship property area, trusts and the law affecting estates. Stuart has practiced as a Barrister sole since 1990.
Sally Morris is the founding partner of Morris Legal. Sally is admitted as a barrister and solicitor in New Zealand, New South Wales and New York and has a master of laws degree from Columbia University in New York. Sally has an established reputation in the field of relationship property, trust and estate disputes. Sally has been published in the New Zealand Law Journal and the International STEP Journal with articles relating to the role of charities in estate disputes and the application of the Wills Act by the High Court. Sally regularly presents papers to industry conferences around New Zealand including recent presentations on the use of trusts to protect assets, the role of the independent trustee, challenges to estates and the implications of the recent Supreme Court decision of Clayton v Clayton in terms of asset protection following the end of a relationship. Sally was recognised in the 2016 NZ Lawyer 2016 Hotlist as "one to watch" and was a finalist for the Young Private Practice Lawyer of the Year at the 2016 New Zealand Law Awards. Sally was recently awarded Trust and Estate Litigation Lawyer of the Year in the Finance Monthly Law Awards 2017. Sally is a STEP Affiliate Member and has recently completed the STEP Advanced Diploma in Trusts and Estates.
Georgia Angus is a Senior Solicitor at Morris Legal. Georgia's experience includes advising private clients, charities and international and local trustee companies in relation to complex trust, estate and relationship property disputes. Georgia began her legal career at Russell McVeagh, a top-tier commercial law firm, before moving to focus exclusively on contentious relationship property, trust and estate matters. Georgia's commercial experience and training means she brings a pragmatic and strategic approach to private client matters. Georgia has been published in the New Zealand Law Journal with an article relating to the role of charities in estate claims. Georgia received her LLB and MusB from the University of Otago. Georgia is on the committee for the NZLS Auckland Young Lawyers and is a member of the Auckland Women Lawyers' Association; ICANZ Trust Special Interest Group; the Family Courts Association; and the New Zealand Animal Law Association.
Stamford Plaza Auckland
Ground Floor, 22 - 26 Albert St
The Stamford Plaza Auckland is a short 5 minute walk from the main
train/bus station Britomart. There is onsite valet parking, charged at a rate
of NZ$45 per car. Alternatively there are numerous public car parks in the
area including Challenge House, 1/3 Wolfe Street.
Parking is not included in the registrartion fee and price is subject to
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