Get everything you need to stay ahead in succession law with our 11 CPD Hour Succession Law Bundle, featuring two of our bestselling programmes.
Start by watching the Family Trusts and Property (Relationships) Act Forum interactive recording from the comfort of your home. Learn how to mitigate trust claims in Section 21 agreements, and dive deep into the Ryan v Lobb case, covering trust management under receivership and occupation rent issues.
Then, in March, join us live online for Estate Planning, Wealth Protection, Probate Problems and Disputes. Discover key strategies for managing family businesses, protecting disabled children, and planning for clients without heirs. Plus, learn how to maximise tax efficiency, reduce risks under the Family Protection Act 1955, and handle disputes before they escalate.
Attend both sessions to SAVE MORE and earn 11 CPD Hours
Family Trusts and Property (Relationships) Act Forum
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.
* 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
*Original Content was created in November 2024
Helen Tyree, Director, McWilliam Tyree Lawyers
- 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
- 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
- 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
- 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
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
- 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 LawyersHelen 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
Lisa La Mantia is an experienced barrister based in Auckland, New Zealand, where she operates her own practice at Albert Chambers, offering specialised services in all areas of family law but with a particular interest in matters involving relationship property and trusts. Admitted to the bar in 2007, she has since dedicated her career to providing expert legal counsel in complex family law scenarios. Lisa also has an interest in the area of the Protection of Personal and Property Rights Act 1988 and is on the panel of lawyers to represent the subject person. Lisa is known for her comprehensive approach, ensuring her clients are well-equipped to navigate the legal intricacies involved.
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.
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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.
Attend and earn 7 CPD hours
Chair: Timothy Orr, Partner, Martelli McKegg
- 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
- 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
- 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
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
- 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
- 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
Presenters
Timothy Orr, Partner, Martelli McKeggTimothy 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.
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
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, Solicitor, Brookfields Lawyers
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 holds a Bachelor of Laws (LLB) from the University of Auckland and is an active member of the Auckland Women Lawyers Association.
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
James Anson-Holland is a Barrister at Radcliffe Chambers in London. He has a diverse legal background across three jurisdictions (New Zealand, the Cayman Islands, and England and Wales) and is developing a reputation for his expertise in private client, insolvency, and commercial disputes that often have a cross-border element. He has been involved in a series of significant cases, including more recently acting for the minor and unborn beneficiaries in a blessing application involving the restructuring of several trusts worth circa USD5 billion in the Grand Court of the Cayman Islands and successfully appearing before the Judicial Committee of the Privy Council in a case involving the novel application of the law of restitution. James holds an LLB with First Class Honours from the University of Canterbury and an LLM from New York University, where he was a Starr Foundation Global Law School Scholar. He regularly publishes in peer reviewed journals and is the current editor of several chapters in LexisNexis’ Law of Trusts and Wills and Succession and the general editor of LexisNexis’ Practical Guidance (Trust Law). His academic work has been cited in decisions of the High Court of New Zealand and Court of Appeal of New Zealand.
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.
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