With trusts now common in most relationship property matters, gain key case updates, examine future trends and receive practical strategies for managing de facto property within trusts. Learn how to mitigate trust claims in Section 21 agreements and delve into the Ryan v Lobb case, focusing on trust management under receivership and occupation rent issues. Act now to stay ahead in this crucial area of law.
Description
Attend and earn 4 CPD hours
Chair:
Helen Tyree, Director, McWilliam Tyree Lawyers
10.30am to 10.40am Break
10.40am to 11.25am Mitigating Potential Trust Claims in Section 21 Agreements
- The interplay between trust claims and section 21 agreements
- Potential trust claims to consider
- How to deal with potential trust claims
- Risks and issues to watch out for
Presented by Daniel McLaughlin, Special Counsel, Dentons
12.10pm to 12.15pm Break
Learning Objectives:
- Learn key cases and the next developments, crucial insights and legal interpretations in relationship property and trusts law
- Get practical strategies in dealing with defacto property held in a trust
- Understand how to mitigate potential trust claims in Section 21 Agreements
- Hear an analysis of the landmark decision – Ryan v Lobb
- Gain an understanding of how to deal with occupation rent where the home is trust owned
9.00am to 9.30am Relationship Property and Trusts: What Have we Learned from Key Cases? And What Will the Next Developments Be?
- Examine key cases in relationship property and trusts law, revealing crucial insights and legal interpretations.
- Gain an understanding of current legal trends and look to predict future developments in the field
Presented by Anthony Grant, Barrister, Paladin Chambers
9.30am to 10.30am PRACTICAL SCENARIO: Defacto Property in a Trust: What’s in Your Toolkit to Deal with this Scenario
- What claims can you raise?
- Constructive Trusts including:
- Jurisdiction
- A claim that the respondent has a constructive trust which gives rise to separate property that can be attacked under s 9A?
- S44 and S44C
- Deeds of nomination: A qualifying disposition?
- Registration of shares in the company’s name: A qualifying disposition?
- Is it possible to raise a claim under s 9A as a possible disposition?
- If all (major) assets are owned by a Trust, including the family company, what to look out for in the company financial statements
Presented by Lisa La Mantia, Barrister, Albert Chambers
11.25am to 12.10pm A Deep Dive into Ryan v Lobb and How This Trust Has Continued Under the Supervision of a Receiver During the Relationship Dispute
Gain an in-depth analysis of the landmark case Ryan v Lobb, focusing on its implications for trust law and the unique role of a receiver in managing a trust amid relationship property disputes.
Presented by Natasha Dennison, Senior Solicitor, and Jasmine Wright, Solicitor, Vicki Ammundsen Trust Law
12.15pm to 1.15pm Occupation Rent Where the Home is Trust-Owned: What to do When s 18B PRA Doesn’t Apply
- Calculating occupation rent in the context of relationship breakdowns under s18B PRA
- When occupation rent has been awarded in respect of trust-owned property under
- The Family Proceedings Act 1980
- The Property Law Act 2007
- Equity
- The practicalities of bringing these less-known claims, including in light of s 4 PRA and the Trusts Act 2019
Presented by Niccola Davies, Associate, and Lauren Aspin, Associate, Morgan Coakle
Presenters
Helen Tyree, Director, McWilliam Tyree Lawyers
Helen is a director of McWilliam Tyree Lawyers, having been an Associate and then Senior Associate at McWilliam Rennie (predecessor of McWilliam Tyree) since 2014. Helen has practiced all areas of family law since 2003. As well as acting for clients in all areas of family law, Helen has undertaken regular appointments as lawyer for child and as lawyer for subject persons under the Protection of Personal and Property Rights Act since 2008. Helen is also a contributing author for the legal publication “Brookers Family Law on Family Property”, writing about relationship property agreements (separation agreements, contracting-out agreements, and setting aside those agreements). She also contributed significantly to McWilliam Rennie’s submissions to the Law Commission in relation to their review of relationship property and then succession law. She has presented seminars for Legalwise on a range of relationship property matters, relationship property law developments and on the Protection of Personal and Property Rights Act. Helen Tyree graduated from Otago University in 2000 with a Bachelor of Laws and from Brunel University of London in 2003 with a Master of Law in Child Law and Policy (with distinction).
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. Anthony is a member of STEP (the international Society of Trust and Estate Practitioners) as well as 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.
Lisa La Mantia, Barrister, Albert Chambers
(No value)
Daniel McLaughlin, Special Counsel, Dentons
Daniel is a Special Counsel in the Private Wealth team. He specialises in personal asset planning and structuring, and provides domestic and international clients with strategic advice in relation to the organisation and regulation of private wealth. He is an expert in trusts and trusteeship issues, wills, succession and estates, relationship property, and other personal asset planning matters. He advises private clients, family offices, trustees, and financial institutions. He also has experience with New Zealand foreign trusts, AML/CFT and the CRS and FATCA reporting regimes. Daniel's previous experience in tax law means he quickly identifies potential domestic and international tax issues that arise in relation to clients' personal asset planning.
Natasha Dennison, Senior Solicitor, Vicki Ammundsen Trust Law
Natasha is a senior solicitor at Vicki Ammundsen Trust Law whose primary areas of practice are trusts, and relationship property. Natasha is involved in a wide range of matters across these areas including planning, administration and litigation. Natasha is a full member of STEP (TEP) having completed the STEP (Society of Estate and Trust Practitioners) Advanced Diploma in Trusts and Estates with distinction last year. Natasha was junior counsel for the successful plaintiffs in the High Court in A, B, and C v D and E Limited (known as the Alphabet Case). Following a series of appeals the matter currently awaits judgment from the Supreme Court.
Jasmine Wright, Solicitor, Vicki Ammundsen Trust Law
Jasmine is a solicitor at Vicki Ammundsen Trust Law. Jasmine works closely with Vicki Ammundsen and has a particular interest in assisting clients to resolve complex issues involving trusts, estates and relationship property.
Niccola Davies, Associate, Morgan Coakle
Niccola is an associate in the family law team at Morgan Coakle Lawyers in Auckland. She practises in all areas of family law with a focus on complex relationship property and trust claims, and family protection matters.
Lauren Aspin, Associate, Morgan Coakle
Lauren is an associate in the litigation and family law teams at Morgan Coakle in Auckland. Lauren practises across all areas of family law with a particular interest in complex relationship property and trust disputes, parenting matters and advising clients regarding asset protection. She represents clients before the Family Court and High Court, at mediation, and in Collaborative Resolution processes. Lauren was recognised by Doyles Guide as a Family & Relationship Property Law Rising Star.
