Trust Law and Private Clients Symposium

A trust is a common tool for investment planning and financial organisation. To maximise the efficacy of a trust, lawyers must consider a wide range of factors impacting trustee resolutions and beneficiary decisions. Do not miss the opportunity to enhance your expertise. Join experts as they unpack the tax implications of various trust structures, discuss the Maximum Duration and power of appointment, and provide you with an insight into important legal developments. 

Tuesday, 5 March 2024
10.00am to 11.00am An in Depth Consideration of the Maximum Duration of a Trust
  • Compare and contrast the maximum duration and the rule against perpetuities
  • Limitations on resettlement
  • Vesting, ready or not
  • Bringing forward and extending vesting

Presented by Vicki Ammundsen, Director and Notary Public, Vicki Ammundsen Trust Law Limited

11.15am to 12.15pm Legal Compliance and Formalities of a Memoranda of Wishes
  • Understanding the essential role of a memorandum of wishes, including its purpose, legal significance, and how it complements the trust deed
  • Navigating the legal and regulatory requirements of a memorandum of wishes
  • Practical strategies for drafting a comprehensive and legally sound document

Presented by Anthony Grant, Barrister, Paladin Chambers

2.00pm to 3.00pm Navigating Trustee Dynamics: Conduct, Conflict, and Removal
  • Understanding trustee conduct and duties
  • Explore scenarios and legal implications where trustees are in conflict, whether due to personal relationships, internal disputes, or breaches of duties
  • Gain insights into the circumstances under which a trustee may be removed
  • Examine the potential consequences of trustee misconduct and the impact on trust management and administration
  • Reviewing Lambie Trustee Limited v Addleman and associated cases

Presented by Carmel Walsh, Barrister, Bankside Chambers

Session 1: Trusts Structuring, Taxation and Management

Chair: Tammy McLeod, Managing Director, Davenports Law

9.00am to 10.00am All Things Trust and Family Property: A Roundup of Important Legislation and Cases
  • Risky clauses in trust documents from a relationship property perspective
  • An overview of the trust-busting case law
  • Practical tips and tricks to avoid potential trust claims after a separation or death

Presented by Laura McLoughlin-Ware, Senior Associate, Tompkins Wake and Catharina Chung, Senior Associate, Tompkins Wake

12.15pm to 1.15pm Understanding Taxation and Key Planning Strategies for New Zealand Trusts
  • Understanding the essentials of trust taxation, including the different types of trusts, their tax treatment, and the legal framework governing trust taxation
  • Identifying tax planning opportunities and compliance requirements
  • Staying updated on recent developments and case law

Presented by Fred Ward, Partner, Russell McVeagh; Top Ranked Lawyer, Asia-Pacific 2023: Tax, Chambers and Partners; Member of the New Zealand Law Society Tax Law Committee

Session 2: Understanding Trustee Duties, Conflicts and Disputes

Chair: Theresa Donnelly, Legal Services Manager, Perpetual Guardian

3.00pm to 4.00pm Know Your Fetters: Advising Trustees on Their Powers

The question of the extent of trust powers and how to remain within their limits has been explored in a number of recent cases. Examine the following issues:

  • Recognising and understanding trust powers and their limits
  • The risks of unfettered powers and how an unfettered power can become fettered
  • Practical guidance to keep trustees within the limits of their powers
  • Discussion of the decisions in:
    • Morton v Morton & Anor [2023] EWCA Civ 700
    • Legler v Formannoij [2022] NZCA 607
    • Morton v Morton & Anor [2022] EWHC 163 (Ch)
    • Guest v Guest [2022] UKSC 27
    • Mclaren v Mclaren [2017] NZHC 161
    • JSC Mezhdunarodniy Promyshlenniy Bank v Pugachev [2017] EWHC 2426
    • Thorner v Majors [2009] UKHL 18

Presented by Ayleath Foote, Partner; Duncan Cotterill; Practice Head, Dispute Resolution, Legal 500 New Zealand

4.15pm to 5.15pm Understanding the Many Facets Behind a Trust Dispute: Strategies & Options for Dealing with Them

Trust disputes are varied, involving beneficiaries, trustees, or both in complex combinations. The gloves are off and such disputes are often time consuming and expensive, leaving relationships in tatters and jeopardising the future of the trust. Join us for a:

  • Practical exploration of real-world insights from case law
  • Essential decision-making strategies based on dispute type
  • The efficacy of alternative dispute resolution
  • Proactive trust structure solutions

Presented by Henry Stokes, Group General Counsel, Perpetual Guardian and Theresa Donnelly, Legal Services Manager, Perpetual Guardian

Description
  • Attend and earn 7 CPD hours
11.00am to 11.15am Morning Break
4.00pm to 4.15pm Afternoon Break
Learning Objectives:
  • Increase your understanding of trust legislation and case law
  • Learn how to maximise protection for trust beneficiaries under the Trusts Act 2019
  • Acquire practical tips & tricks for drafting a legally compliant Memorandum of Trust

Presenters


Mrs. Vicki Ammundsen, Director, Vicki Ammundsen Trust Law Limited
Vicki is the director at Vicki Ammundsen Trust Law Limited, which she established in 2015, and the author of a number of books on trusts and trustees including Taxation of Trusts, ed 3, Trustee Liability and the Trustee’s Handbook, ed 4 (all CCH New Zealand Limited). She has presented at conferences in New Zealand and internationally on wills and estates, trusts and the law of equity. Vicki also produces the blog Matters of Trust as a resource to share up to date trust law knowledge. Vicki uses her day to day experience with trusts and estates and her deep knowledge of New Zealand and international case developments to underpin her practical, solutions-focussed approach to dealing with trust and family law issues. She firmly believes that trusts have an important role to play in inter-generational asset management, but that this is risked by a lack of understanding of effective or appropriate trust management that too often leads to misunderstanding or abuse.


Ms. Carmel Walsh, Barrister, Bankside Chambers
Carmel has over 25 years’ experience as a litigator in New Zealand, Hong Kong, and England. She was admitted as a barrister and solicitor in New Zealand in 1993; and a solicitor and solicitor advocate (Higher Courts Civil) in London in 2000/2001. She holds both a New Zealand and English practising certificate. Carmel is a former contributing author to Informa’s Reinsurance Practice and the Law, and a former secretary and editor of the Negligence and Damages committee of the International Bar Association. Since returning to New Zealand Carmel has specialised in property litigation, equity and trusts, estates litigation and relationship property, particularly where complex issues arise requiring expert forensic accounting evidence. Carmel sits on the board of the New Zealand Symphony Orchestra, NZTrio and the New Zealand Opera School.


Ms. Tammy McLeod, Managing Director, Davenports Law
Tammy is the Managing Director at Davenports Law and a trust and asset structuring specialist with over 20 years legal experience specialising in the areas of personal asset planning, trust law and Property (Relationships) Act. Tammy leads the Davenports Trust Team and, before joining Davenports in 2004, was a senior solicitor in a boutique trust practice. She is one of a handful of lawyers nationally who specialise solely in the area of trusts and asset planning, and a leading lawyer in her field.


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.


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. Anthony Grant, Barrister, Paladin Chambers
Anthony Grant is a Barrister and advisor on the laws concerning Trusts and Estates, He also acts as a professional Trustee. He is a member of STEP (the international Society of Trust and Estate Practitioners) and a member of the Auckland District Law Society’s Trust Law Committee. He regularly appears in the Senior Courts on issues involving Trusts and Estates and writes and speaks extensively on these topics.


Ms. Catharina Chung, Senior Associate, Tompkins Wake
Catharina is a senior associate lawyer in our Family Law team. Catharina, having been admitted in 2012, is an experienced family lawyer with over 10 years in practice. She has broad experience in all areas of family law including relationship property, trusts, estate claims, care of children, family violence, spousal maintenance and PPPR matters. She has a deep passion for all areas of family law, with specific interests in relationship property, trusts, estates and PPPR matters. Outside of our office, Catharina is one of the co-regional representatives of Family Law Section for Central Auckland. She is also a committee member of the New Zealand Asian Women Lawyers. Catharina is fluent in Korean and can also speak Japanese conversationally.


Ms. Ayleath Foote, Partner, Duncan Cotterill
Ayleath specialises in litigation, arbitration and dispute resolution, and provides advice and advocacy in cases before Courts at all levels. She has acted on many high value claims for insurers, trustees, beneficiaries and companies across a broad range of fields. Her focus is on high value, complex litigation as well as emergency relief. Before joining Duncan Cotterill Ayleath worked as a senior associate in the litigation team at Freshfields Bruckhaus Deringer in London as part of the insurance and financial services group. There she worked on large scale litigation and advice for insurance syndicates and markets, listed companies, financial institutions and regulators. Ayleath has particular expertise in trust disputes. She has been involved in many high profile trust disputes. This included acting for the Great Christchurch Buildings Trust which successfully stayed the demolition of the Christchurch Cathedral, as well as well known beneficiary and trustee claims such as interests in the Kain v Hutton litigation. Ayleath understands that the mix of commercial enterprises, high value assets and family dynamics can be challenging to manage. Trustees in New Zealand are often the owners of large asset portfolios. The law is constantly evolving in this area and each case is unique. As well as private trusts, she undertakes the restructuring and resettlement of Charitable Trusts, which require Court approval.


Mr. Fred Ward, Partner, Russell McVeagh
Fred brings many years of experience to his role as a partner in our Tax team. His practice has a particular focus on corporate finance work, mergers and acquisitions, and structured investment products. Offering both tax advice and litigation services, Fred is a highly regarded tax specialist. With more than 26 years’ with the partnership, Fred’s work has involved offering clients a broad range of taxation services, including advice on cross-border financing structures, mergers and acquisitions and dealing with the Inland Revenue at all levels of the investigation process, including negotiating settlements.


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.

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Trust Law and Private Clients Symposium

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All Sessions
Tuesday, 5 March 2024
9.00am to 5.15pm Pacific/Auckland
CPD Hours 7
7
$690.00
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Morning Session
Tuesday, 5 March 2024
9.00am to 1.15pm Pacific/Auckland
CPD Hours 4
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Afternoon Session
Tuesday, 5 March 2024
2.00pm to 5.15pm Pacific/Auckland
CPD Hours 3
3
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