Advanced Guide to Trusts Law: New Legislation, Cases and the Trustees Handbook

Don't miss this opportunity! Unpack new trusts law provisions, crucial recent case updates, and essential practical guides on trustee’s duties covering default duties, best practices for decision-making, and disclosure. Understand developments in private purpose and constructive trusts, resettling and winding up trusts, plus a very practical perspective on ADR provisions. All in one day.

Tuesday, 4 March 2025
Description

Attend and earn 7 CPD hours

Session 1: New Trusts Law Provisions, Cases and Essential Updates

Chair: Rob Latton, Barrister, FortyEight Shortland Barristers

9.50am to 10.40am Private Purpose Trusts Under the Trusts Act 2019

 

  • Non-human objects
  • “A concession to human weakness or sentiment”
  • The purpose trusts under the Trusts Act
  • Relationship to charitable purposes (public purposes v private purposes) 

Presented by Dr Lindsay Breach, Global Head of Research for the Sanem Investments Group across New Zealand, Australia, Canada, the United States, and the United Kingdom 

2.00pm to 3.00pm Default Duties and How to Get Out of Them

 

  • An overview of the default duties
  • How default duties can be modified or excluded
  • Trustees’ obligations when default duties are not excluded, especially the duty to invest prudently and to exercise power for a trustee’s own benefit 

Presented by Greg Ambler, Senior Associate, and Elizabeth Heaney, Senior Associate, Tompkins Wake 

3.00pm to 4.00pm Corporate Trustee Decision-Making: A Guide to Protecting the Company – And Yourself

 

  • Decision-making for corporate trustees: Should you offer corporate trustee services?
  • Director and shareholder resolutions: Are the decisions made by the corporate trustee consistent with its governing documents?
  • Protecting the company: Are there any specific insurance policies or coverage limits in place to protect the corporate trustee from liability?
  • Where the corporate trustee was not governed in accordance with the trust's terms
  • Duty of care:
    • Potential conflicts of interest arising from dual role as lawyer and trustee
    • Corporate trustee managing conflicts of interest when serving multiple trusts
  • Pros and cons, tips and tricks 

Presented by Vicki Ammundsen, Director, Vicki Ammundsen Trust Law, and Theresa Donnelly, Legal Services Manager, Perpetual Guardian 

4.00pm to 4.15pm Afternoon Tea
9.00am to 9.50am An A-Z Update of Contemporary Cases: From the Alphabet Case to Zhou v Lassnig

 

  • The Alphabet case
  • Cain v Martin  (HC 28 March 2024)
  • Legler
  • Zhou v Lassnig [2024] NZHC 2475 

Presented by Anthony Grant, Barrister, Paladin Chambers

10.40am to 10.55am Morning Break
10.55am to 11.45am Developments in Constructive Trust Case Law: Reasonable Expectations and Common Intentions

 

  • Overview of recent developments in reasonable expectations (Lankow v Rose) constructive trusts
  • Summary of the cases based on “common intention”
  • Consideration of the distinctions between the two types of constructive trusts 

Presented by Emma Armstrong, Partner, LeeSalmonLong

11.45am to 12.30pm Resettling and Winding up Trusts

 

  • Reasons to resettle or wind-up a trust
  • Understanding the mechanics
  • Termination of a trust under sections 121 to 125 of the Trusts Act 2019
  • Important considerations and potential pitfalls
  • Examining contemporary case law including Queenin v Queenin [2024] NZHC 1035 

Presented by Mary Joy Simpson, Partner and Lauren Sieprath, Senior Associate, Hesketh Henry 

12.30pm to 1.15pm Navigating the New ADR Provisions in the Trusts Act 2019: A Practical Perspective

 

  • How is the Court responding to the new ADR provisions under the Trusts Act 2019 (ss 142 to 148)?
  • When and why should you advise clients to apply to the Court for orders referring a trust dispute to ADR?
  • What ADR processes are available including their pros and cons? ADR provisions in the Act
  • Which process is likely to be best suited to your client’s dispute? 

Presented by Kate Wiseman, Associate Member, Mediator, Arbitrator, Bankside Chambers 

Learning Objectives:
  • Gain a comprehensive update of recent trusts case law 
  • Analyse the principles and limitations of private purpose trusts
  • Evaluate the latest developments in constructive trust case law
  • Navigate the processes of resettling and winding up trusts
  • Understand the application of new ADR provisions in the Trusts Act 2019
Session 2: Trustee’s Duties: Default Duties, Decision Making, and Disclosure

Chair: Fiona King, Partner, TGT Legal

4.15pm to 5.15pm Navigating Disclosure: Trustee Disclosure Obligations Under the Trusts Act 2019

 

  • Trustees’ record keeping obligations
  • The circumstances in which disclosure is or might be required to beneficiaries
  • Particularly challenging issues that arise in practice (such as whether, and in what circumstances, legal advice must be disclosed) 

Presented by Sam Jeffs, Barrister, Bankside Chambers; BA/LLB (Hons) Auckland, BCL (Dist) Oxford; member of NZBA’s Audit, Risk and Governance Committee

Learning Objectives:
  • Understand avoiding default duties imposed on trustees 
  • Apply best practices for corporate trustee decision-making
  • Explore correct compliance with the trustee disclosure obligations

Presenters


Greg Ambler, Senior Associate, Tompkins Wake
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.


Rob Latton, Barrister, FortyEight Shortland Barristers
Rob Latton is a barrister practicing from 48 Shortland Barristers, Auckland. He is a practitioner with over 30 years’ experience in New Zealand and the United Kingdom. Commencing practice as a barrister sole in 2016, Rob specializes in civil and commercial advice and litigation, and has been involved in extensive estates and trusts work in recent years. In particular, he has acted for many executors and trustees in claims alleging breaches of duty, as well as challenges to wills and general estate disputes, including Burgess & Another v Monk & Others (No. 6).


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.


Dr Lindsay Breach, Global Head of Research, Sanem Investments Limited
Dr Breach is Global Head of Research for the Sanem Investments Group across New Zealand, Australia, Canada, the United States, and the United Kingdom. Dr Breach has published significantly in the fields of wills and trusts, and is the author of LexisNexis’ books Nevill’s Companion to the Trusts Act 2019 (2019) and Nevill’s Law of Trusts, Wills and Administration (2023), the encyclopedic work Laws of New Zealand – Trusts (2021), and a co-author of Wills and Succession (2021, online resource). Dr Breach is an avid legal historian with a special interest in the origins of trust law in the medieval period.


Emma Armstrong, Partner, LeeSalmonLong
Emma leads LeeSalmonLong’s relationship property practice and is a specialist in complex relationship property division.  She also has particular expertise and interest in trust disputes and estate claims, and is a full member of the Society of Trust and Estate Practitioners.


Mary Joy Simpson, Partner, Hesketh Henry
Mary Joy is a specialist in complex trust and estate planning. She provides strategic advice and guidance on all areas of private client law and in particular, personal asset management and succession plans. Her extensive knowledge and expertise gained during a career spanning almost 30 years means that she is a trusted adviser to many individuals, families, trustees, and other professional advisers. Mary Joy has previously presented CLE papers on wills, trust drafting and enduring power of attorney. Mary Joy is ranked in band 1 as a private client lawyer in Chamber & Partners High Net Worth guide. She is also a full member of STEP (Society of Trust and Estate Practitioners).


Kate Wiseman, Associate Member, Mediator, Arbitrator, Bankside Chambers
Kate is a dispute resolver active in mediation, arbitration and collaborative resolution. Her work encompasses a broad range of commercial, property and family disputes. She has particular expertise in resolving family disputes concerning trusts, estates, companies and relationship property. She has a special interest in governance disputes, especially those concerning shareholders, incorporated societies, charitable trusts and body corporates. Before coming to the law, she had a 20-year career in business. She has held governance roles continuously since 2004, currently as an elected member of the governing bodies of the Arbitrators’ and Mediators’ Institute of New Zealand (AMINZ) and the Collaborative Law Association of New Zealand.


Fiona King, Partner, TGT Legal
Fiona advises on all aspects of trust law and personal asset planning, including complex trust restructuring and drafting. She is a full member of the Society of Trust and Estate Practitioners.


Theresa Donnelly, Legal Services Manager, Perpetual Guardian
Theresa Donnelly graduated from Auckland University in 1992 and has over 30 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.


Lauren Sieprath, Senior Associate, Hesketh Henry
Lauren is a Senior Associate in Hesketh Henry’s Private Wealth team. Her global experience across a wide range of private client matters ensures that the advice she provides take a holistic approach to help her clients achieve their goals. She has worked with a variety of clients including UHNW individuals and families, family offices, professionals, business owners and charities. She is also experienced in administering high-value estates with assets in multiple jurisdictions. Lauren is a full member of STEP (Society of Trust and Estate Practitioners) and a member of the New Zealand Estate and Taxation Planning Council.


Elizabeth Heaney, Senior Associate, Tompkins Wake
Elizabeth is a senior associate in the family law team at Tompkins Wake (Auckland). She specialises in family law with a particular focus on relationship property, trusts and estates. Elizabeth also has experience as a civil litigator and has acted on professional liability disputes with a particular focus on trustee and legal professional liability. She advises a wide range of clients representing them in the Family Court, High Court, the Court of Appeal, at arbitration and mediation.


Vicki Ammundsen, Director and Notary Public, Vicki Ammundsen Trust Law
Vicki is the director at Vicki Ammundsen Trust Law Limited, which she established in 2015. Vicki is also the author of a number of books on trusts and trustees including Taxation of Trusts, ed 5, Trustee Liability, ed 2 and the Trustee’s Handbook, ed 5 (all published by Wolters Kluwer). She has presented at conferences in New Zealand and internationally on trust-related topics. Vicki also writes the blog Matters of Trust, which is a valuable trust and estate law resource. Vicki uses her day-to-day experience with trusts and estates and her deep knowledge of relevant case law to underpin her practical, solutions-focussed approach to dealing with a range of matters touching on trusts and estates. 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.


Sam Jeffs, Barrister, Bankside Chambers
Samuel Jeffs is a barrister at Bankside Chambers specialising in commercial and civil disputes. He has advised and acted for parties in a wide range of disputes arising from contracts, joint ventures, shareholdings, construction projects, and trusts and estates. Sam has appeared in a number of courts, including successfully in the Supreme Court, and various specialist tribunals, including arbitrations. Sam graduated from Oxford with a BCL (Distinction) and the University of Auckland with BA/LLB(Hons) degrees, where he was a Senior Scholar for both Law and Arts. Sam has spoken at conferences and has also published a number of articles.

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Advanced Guide to Trusts Law: New Legislation, Cases and the Trustees Handbook

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Tuesday, 4 March 2025
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