Learn how to navigate the variety of disputes that arise in estate matters and probate. Ensure that you know the duties of executors and their role in navigating maladministration. Learn how to manage potential disputes that may arise and explore disputes with and among trustees, and strategies for ADR. Investigate solemn form and tools for recognising red flags in complex probate, to walk away with a complete toolkit of how to approach challenging estate disputes and probate matters.
4.15pm to 5.15pm Complex Probates #Howtogetawaywithcommonform
With current delays in the Probates Division and very lengthy waiting times for court timetabling of progression of solemn form applications, it is well worth while having all the tips and tricks at your disposal. It is essential that those who practise in the area of Estate Administration can recognise the red flags in complex probates and the options for dealing with them.
Walk through the intricacies of solemn form and examine some of the strategies and options available to you to get the will over the line by way of common form. The session will also cover off when you can streamline solemn form and appropriately seek leave for your matter to be heard on the papers. This practical session will examine issues around what to do when you are faced with a complex Probate. Evaluate case law and conclusions from analysis as you weave through the practical studies.
Presented by Theresa Donnelly, Legal Services Manager, and Henry Stokes, General Counsel, Perpetual Guardian
Chair:
Juliet Moses, Partner, TGT Legal; Member, Society of Trust and Estate Practitioners
2.00pm to 3.00pm Disputes With and Among Trustees
- Best strategies of how to mitigate trustee disputes
- What types of disputes can be directed to ADR
- Review of cases considering the ADR provisions
Presented by
3.00pm to 4.00pm The Duties of Executors and Managing Disputes Between Executors
- Duties owed by executors – an overview
- Maladministration, breach of executor duties, and liability
- Disputes between executors and removal
- Role of executors in estate disputes generally
Presented by Greg Ambler, Senior Associate, TGT Legal
Description
Attend and earn 3 CPD hours
4.00pm to 4.15pm Afternoon Tea
Learning Objectives:
- Explore the duties of executors and how to manage disputes between executors
- Investigate best management for disputes with and among trustees
- Assess complex probate, solemn form and strategies available to streamline processes.
Presenters
Ms. Juliet Moses, Partner, TGT Legal
Juliet Moses is a partner at TGT Legal, a boutique law firm based in Auckland specialising in trusts and succession planning. She is a regular presenter of seminars and author of articles on issues arising in those areas. She has spoken at Legalwise, New Zealand Law Society and The Law Association Inc. conferences, and at STEP (Society of Trust and Estate Practitioners) events. Juliet is the chair of the STEP education committee. Through over 20 years of practice as a lawyer, Juliet has learned from her clients and gained invaluable experience and insights about people, relationships, approaches to wealth and its management, and structuring. She provides advice and opinions on legal issues relating to trusts as well as on estate planning, relationship property, estates and wills. She assists with the establishment, administration and restructuring of trusts, including family trusts, superannuation schemes and charities. She regularly works with trustees, beneficiaries and other stakeholders, advising them on their rights and obligations.
Mr. Greg Ambler, Senior Associate, TGT Legal
Greg Ambler is a specialist in succession law, including estate planning, the establishment and administration of trusts and charitable entities, relationship property, and domestic and international estates. He also has a special interest in the law of mental capacity and adult decision-making.
Ms. Theresa Donnelly, Legal Services Manager, Perpetual Guardian
Theresa Donnelly graduated from Auckland University in 1992 and has over 27 years’ experience in private practice, government and in-house Legal. Theresa is currently the Legal Services Manager at Perpetual Guardian, and is a recognised Elder Law expert. Theresa is formerly from Public Trust (Team Leader) and the Ministry of Social Development, where she was lead Senior in their Public Law Team responsible for advice in relation to Older People’s Policy and the Office of Senior Citizens. She is a regular presenter and speaker for professional groups such as Legalwise, NZLS/CLE, ADLS, STEPS, CCH and other professional organisations.
Mr. Henry Stokes, General Counsel, Perpetual Guardian
Henry Stokes has been in private practice and acted as in-house counsel for a combined period of over 20 years. He is currently General Counsel, for Perpetual Guardian. Henry specialises in the areas of wills, estates, trusts (both family and charitable) and protection of personal and property rights matters, including appearing in the Family Court, High Court and Court of Appeal. Henry advises on all areas from the preparation and implementation stages through to the disputes, claims and proceedings stages. Henry is an advocate for the trustee industry working together to provide world class trustee services to New Zealanders and is focused on the industry being fully prepared for the new Trusts Act 2019 implementation date of January 2021.
