Session 1: Wills and Estate Succession
Date: Wednesday 21 March 2018
Time: 9.00am to 1.15pm
Venue: Stamford Auckland, 22 - 26 Albert St Auckland
Attend and earn 4 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.
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
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.
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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