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.
Description
Attend and earn 7 CPD hours
Session 1: Estate Planning and Wealth Protection Considerations
Chair: Timothy Orr, Partner, Martelli McKegg
9.00am to 10:00am 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, Solicitor, Brookfields Lawyers
11.15am to 12.15pm 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
2.00pm to 2.45pm 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
3.30pm to 3.45pm Afternoon Tea
3.45pm to 4.30pm 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
10:00am to 11:00am 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
11.00am to 11.15am Morning Tea
12.15pm to 1.15pm 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: Wendy Andrews, Barrister, Bastion Chambers
2.45pm to 3.30pm 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
4.30pm to 5.15pm 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, and James Anson-Holland, Barrister, Radcliffe Chambers; Editor, Practical Guidance (Trust Law); Author, chapters in Law of Trusts and Wills and Succession (Lexis Nexis)
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
Wendy Andrews, Barrister, Bastion Chambers
Wendy is a senior barrister with twenty eight years’ experience in the criminal and civil jurisdictions. She worked as a prosecutor at the Auckland Crown Solicitors Office for 16 years and prosecuted serious criminal jury trials on behalf of the Crown and regulatory prosecutions for Crown entities. She also acted for the Crown and Police in civil cases for damages, including claims for breach of the NZBOR Act, proceeds of crime restraining orders and exemplary damages claims. Wendy has been appointed amicus to assist the District Court in both jurisdictions. She also has a busy general civil litigation practice.
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
Keely Barnes, Solicitor, Brookfields Lawyers
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.
James Anson-Holland, Barrister, Radcliffe Chambers
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.
