Estate Planning, Wealth Protection, Probate Problems and Disputes

Almost half of New Zealand's adults (47%) don't have a will. Experienced succession law experts will share their strategies for dealing with complex estates, from protecting businesses and providing for disabled children to handling assets for clients without heirs. Learn to maximise tax efficiency and minimise risks under the Family Protection Act 1955. And for those cases where planning alone isn’t enough, gain insights into managing beneficiary and executor disputes, navigating family trust property issues, and understanding the implications of Section 182 of the Family Proceedings Act on trust assets.

Friday, 14 March 2025
Description

Attend and earn 7 CPD hours

* This interactive online recording includes questions and quizzes requiring critical thinking about the topics, so you have no annual limits to the number of points/hours you can claim with this format of learning. Please verify with your CPD rules 

Session 1: Estate Planning and Wealth Protection Considerations

Chair: Timothy Orr, Partner, Martelli McKegg

Estate Planning: Techniques, Client Instructions and Advice Tips

 

  • Estate planning in the context of offshore connections
    • Children overseas: potential tax issues
    • Assets overseas: application and potential jurisdiction issues
  • Importance of understanding ownership structures in asset planning
    • Survivorship / joint ownership vs tenants in common
    • Incapacity and access to wealth
    • Trust structures
  • Estate planning for blended families
    • Mutual wills and agreements
    • Contracting out agreement and wills
    • EPOAs
  • Wealth structuring for the next generation and beyond
    • Trickle down of wealth
    • Providing effective advice to trustees and settlors to facilitate transference to the next generation 

Presented by Alison Gilbert, Partner and Keely Barnes, Senior Solicitor, Brookfields Lawyers

Family Protection Act 1955 Considerations When Advising New Zealand Will-Makers

 

  • Who may bring a claim?
  • The nature of the moral duty owed by the willmaker. How far does it go?
  • The factors which a Court will consider if a claim is made
  • Steps a willmaker can take to avoid or minimise the risk of a claim 

Presented by Brian Burke, Partner, Harmans Lawyers  

The Person Appointed in the Will Not Yet an “Executor": Possible Problems Before Probate Granted

 

  • Who is entitled to apply for a grant of probate?
  • What factors may prevent the appointee from assuming the office of executor?
  • Intermeddling and its implications: what constitutes “acceptance” of the office of executor?
  • How does the appointee renounce the right to probate?
  • What to do when the appointee fails to apply for probate or renounce the role 

Presented by Sonja Clapham, Barrister, Shortland Chambers

Section 182, the Family Proceedings Act 1980: Application in Estate Litigation

 

Focus on the application of s 182, the Family Proceedings Act 1980, in estate litigation, where a marriage  subsists at date of death. Since 2012, there have been a plethora of compelling reports by the Law Commission, advocating major reforms, including the repeal of s 182 and the inclusion of a similar provision in a revamped version of the Property (Relationships) Act 1976. But for now, absent long overdue law reform, the courts must continue to find modern 2025 outcomes in outdated 1980 legislation.   

Examine:

  • Statutory framework and jurisdictional thresholds
  • Case analysis
  • Policy considerations and future trends 

Presented by Ross Knight, Barrister, Old South British Chambers

Learning Objectives:
  • Understand possible problems before probate granted
  • Examine practical steps for beneficiary disputes to take prior to litigation
  • Unpack the framework of section 182 of the Family Proceedings Act 1980 in estate litigation
  • Analyse current trends in trusts and relationship property within estate disputes for defensive asset protection
Estate Planning: Integrating Financial Strategy

 

  • Financial strategy as a core element of estate planning: how to align estate planning with broader financial goals and client concerns
  • Asset protection within estate planning: timing and strategies for protecting assets from potential claims or creditors
  • Tax-efficient estate planning: structuring estates to minimize tax liabilities and ensure long-term financial benefits
  • Ongoing review and adaptation: the importance of reviewing and updating estate plans in response to changes in financial circumstances, laws, and personal situations 

Presented by Sumita Paul, Certified Financial Planner, Athena Wealth NZ 

Businesses, Disabled Children, and People without Heirs: Succession Solutions for Complex Estate Matters

 

  • Across 3 speciality estate planning areas, learn:
    • Solution-focussed strategies
    • Practical tips and tricks
    • New case law insights 

Presented by Amanda Bedford (Hockley), Director, McCaw Lewis Lawyers; voted NZ Lawyer’s Most Influential Lawyer 2024  

Learning Objectives:
  • Examine estate planning techniques, client instructions and advice tips
  • Explore financial strategies within estate planning, including asset protection, tax efficiency, and the importance of ongoing reviews
  • Family Protection Act 1955 considerations when drafting a will
  • Understand how to deal with businesses, disabled children, and people without heirs  
Session 2: Estate Probate Problems and Estate Disputes

Chair: Surendra Bennett, Senior Associate, Martelli McKegg

Beneficiary Disputes: Practical Steps to Take Prior to Litigation

 

  • Challenging the use of funds under an EPOA
  • Aspects of the Administration Act 1969
  • Information requests 

Presented by Emma Tonkin, Partner, Private Wealth Specialist, Hesketh Henry 

A State of Evolution: Trusts and Relationship Property in Estate Disputes

 

  • Recent court trends: a look at the evolving approach of the courts in relation to trusts, within the context of estate disputes over relationship property
  • Implications of Cooper v Pinney: examining the possible consequences of the Cooper v Pinney decision on relationship property, trust law, and estates
  • Practical asset protection: offering practical estate strategies for defensively protecting trust assets in the face of relationship property claims  

Presented by Jeremy Johnson, Barrister, Bankside Chambers, Leading Barrister Sole in the Legal 500 Asia Pacific Rankings 2024 for commercial disputes

Presenters


Timothy Orr, Partner, Martelli McKegg
Timothy is a partner specialising in trusts, estates, property and commercial law. Originally from Northern Ireland, Timothy graduated from the University of Dundee with a Bachelor of Laws (Honours) in 2008. He assisted an NGO at the UNHCR in Geneva and then ran a legal aid team in Mombasa, Kenya providing legal advice on a wide range of criminal and family matters. Upon returning to the UK, Timothy worked on a high profile Public Inquiry under a former Court of Appeal Judge. Arriving in New Zealand in 2010, Timothy qualified as a lawyer in New Zealand and was a manager for ADLSI responsible for overseeing a wide range of legal forms and precedents including the standard Agreement for Sale and Purchase of Real Estate and the Deed of Lease. Timothy also worked closely with various Ministries, the Law Commission and the Courts on a wide range of law reform issues, particularly those relating to trusts and property law. Timothy then worked as a Senior Solicitor in a well-established medium sized law firm in Auckland specialising in trusts, estate and property law.


Sumita Paul, Certified Financial Planner, Athena Wealth NZ
Sumita Paul is a highly experienced financial adviser and Certified Financial PlannerCM (CFPCM) with expertise in financial planning, trusts, estate management, and investment portfolio strategy. Beginning her career with AMP Financial Services in Auckland in 1998, she later joined Guardian Trust (Perpetual Guardian), specializing in trust and estate planning for individuals, multi-generational families, and philanthropic organizations. As a founding member of a funds management business, Sumita helped shape its early growth before transitioning to an independent financial planning firm and subsequently establishing her own practice, Athena Wealth. She is an Accredited Investment Fiduciary (AIF) and holds a Graduate Diploma in Business Studies (Personal Financial Planning) from Massey University, a National Certificate in Financial Services, and an MBA. She further advanced her expertise in Behavioral Finance through studies at the Harvard Kennedy School. Sumita frequently shares her insights through speaking engagements, including at the Financial Advice NZ Conference and Super Diverse Women’s Financial Well-Being Seminar. A member of the Executor and Trustee Institute (METI), she brings deep knowledge to her field. Beyond her professional work, Sumita serves as a Trustee of the Grief Centre and Treasurer/Board Member of YWCA Aotearoa NZ.


Sonja Clapham, Barrister, Shortland Chambers
Sonja Clapham is a barrister practising from Shortland Chambers, Auckland. She specializes in advice and litigation regarding deceased estates including Probate, administration, challenges to wills, and disputes concerning deceased estates. She has presented a number of papers in the past including to seminars and conferences for the Auckland District Law Society Inc. and the New Zealand Bar Association.


Ross Knight, Barrister, Old South British Chambers
Ross is an Auckland Barrister specialising in estate, trust, and relationship property litigation, both domestic and cross-border. He appears regularly in the Family Court, High Court, and Court of Appeal. He holds both Bachelor and Master of Laws Degrees from the University of Auckland and contributes editorial to industry and commercial publications. He is also a member of STEP (Society for Trust and Estate Practitioners) and frequently invited to speak at Legal Seminars and Conferences.


Alison Gilbert, Partner, Brookfields Lawyers
Alison Gilbert is a Partner at Brookfield Lawyers, where she leads the Private Client Team. With a practice spanning contentious estates, trust disputes, elder law, relationship property, charitable trusts, and estate planning, Alison is widely regarded as a leader in her field. She has extensive experience advising trustees, beneficiaries, and private clients on complex trust and estate matters, including asset management structures, estate disputes, and elder law issues. Alison also provides expert guidance on relationship property matters, particularly in the context of trusts and succession planning. Alison serves as the Chair of the New Zealand branch of the Society of Trust and Estate Practitioners (STEP), the leading global professional body for trust and estate practitioners, and is a member of the STEP Contentious Trusts & Estates Special Interest Group Global Steering Committee. She is the lead author of Lexis Nexis Succession - Practical Guidelines and has been consistently ranked in Band 1 as a private client lawyer in Chambers & Partners High Net Worth Guide from 2018 to 2024. A dedicated member of the legal community, Alison is involved with several professional organizations, including the Estate and Tax Planning Council and the Auckland Women Lawyers Association, and is a Life Member of the Life Education Trust.


Keely Barnes, Senior Solicitor, Brookfields Lawyers
Keely holds a Bachelor of Laws (LLB) from the University of Auckland. Keely was admitted as a Barrister and Solicitor of the High Court in October 2021 and has been part of Brookfield’s private client team since November 2019. She specializes in trust and estate planning, advising on the establishment and registration of charitable trusts, as well as handling relationship property matters. Keely has worked regularly alongside other senior staff in complex matters involving PPPR, FPA and PRA issues. She is a member of the Auckland Women Lawyers Association, Family Courts Association and frequently attends STEP NZ seminars.


Brian Burke, Partner, Harmans Lawyers
Brian is a partner at Harmans Lawyers and has an extensive practice in estate and trust litigation which includes providing advice to dedicated estates and elder law departments within the firm. He has acted in a large number of Family Protection Act cases over the last 30 years. Brian has been invited to speak about estate and trust disputes on numerous occasions to both the legal and medical professions.


Amanda Bedford (Hockley), Director, McCaw Lewis Lawyers
Voted NZ Lawyer’s Most Influential Lawyer 2024, Amanda Hockley is Director of the whānau-focused firm, McCaw Lewis. With a background in the banking and finance team of a top-tier national Australian law firm, Amanda’s estate planning expertise covers both businesses, families, and individuals with complex financial affairs. Amanda has presented on the Trusts Act 2019. She believes in giving back to the community, and is a trustee of ConneXu, a significant charitable trust established to provide disability support services; Angel Casts, a registered charity supporting parents, family and whānau through the loss of a child; and Age Concern Waikato, an organisation dedicated to enhancing the quality of life for older people. She is also a member of the Law Association trust law committee.


Emma Tonkin, Partner, Private Wealth Specialist, Hesketh Henry
Emma specialises in private wealth, real estate and overseas investment. She works with individuals and families advising on trusts, estate planning and succession with a focus on real estate assets. She is adept at understanding family dynamics and, enjoys helping generations with their succession planning, particularly as a large part of the private wealth market in New Zealand matures. Emma is a member of the ADLS Trust Law Committee.


Jeremy Johnson, Barrister, Bankside Chambers
Jeremy is an experienced litigator and dispute resolution specialist with a proven track record in advocacy. He has particular expertise in commercial, insolvency, relationship property and equity and trust law. He is frequently instructed to appear as counsel in the courts and before arbitral tribunals. Since 2013 Jeremy has been recognised as a leader in his field in leading global directories most recently in the Legal 500 Asia Pacific 2020 and Chambers Asia-Pacific 2020 and Chambers Global 2020 legal guides. Jeremy is a Fellow of the Arbitrators’ and Mediators’ Institute of New Zealand for Arbitration; he is the youngest person to have achieved this distinction. He is also a Fellow of the Chartered Institute of Arbitrators. Jeremy also received the Sir Ronald Davison Award for excellence in arbitral award writing. He is available to appear as counsel in arbitrations and to take appointments as an arbitrator. Jeremy was awarded the 2017 NZ Law Awards Artemis Executive Recruitment Young Private Practice Lawyer of the Year (under 35). Being described as “a clear winner in this category”, the judges praised Jeremy for having an impressive career to date. Prior to joining the bar Jeremy was a partner at Wynn Williams where he led the Dispute Resolution team for eight years and was the senior litigation partner by the time he left.


Surendra Bennett, Senior Associate, Martelli McKegg
Surendra Bennett is a Senior Associate with Martelli McKegg and specialises in both Relationship and Family Disputes as well as Trust and Estate Disputes. Surendra’s compassionate approach and extensive experience make her a strong advocate for her clients. She ensures that every client understands their legal rights, and chooses the channels – including mediation and negotiation – that will help them reach the best possible outcome. As Senior Associate in our Litigation team with a focus on family law, Surendra handles complex issues around relationship property, separation, custody and spousal maintenance, and represents clients in both the Family Court and the High Court.

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Estate Planning, Wealth Protection, Probate Problems and Disputes

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All Sessions
Friday, 14 March 2025
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CPD Hours 7
$690.00
$483.00
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Morning Session
Friday, 14 March 2025
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CPD Hours 4
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Afternoon Session
Friday, 14 March 2025
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CPD Hours 3
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