With 300,000 to 500,000 trusts in New Zealand these are an essential part of the legal framework and the business and wealth structuring system, but trusts Law continues to be a challenge. Gain practical strategies and real-world guidance from experienced specialists and an examination of recent case law in some of the most troubling areas of trust law: resettling and winding up of trusts, issues of mental capacity of the trustee, the trustees rights of indemnity and trustee decision making. These issues of Trustee discretion, rights and responsibilities are essential understanding for all legal advisors.

Presenters

Dr Rhonda Powell, Barrister, Kate Sheppard Chambers
Dr Rhonda Powell TEP is a Christchurch barrister specialising in trusts, estates, relationship property and PPPR Act matters. Rhonda is regularly appointed as lawyer for subject person in PPPR Act matters, and has acted for private clients in both contentious and non-contentious applications under the PPPR Act. Rhonda offers consultancy to law firms as well as advocacy in the Family Court, High Court and Court of Appeal.


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.


Ayleath Foote, Partner, Duncan Cotterill
Ayleath specialises in litigation, arbitration and dispute resolution, and provides advice and advocacy in cases before Courts at all levels. She has acted on many high value claims for insurers, trustees, beneficiaries and companies across a broad range of fields. Her focus is on high value, complex litigation as well as emergency relief. Before joining Duncan Cotterill, Ayleath worked as a senior associate in the litigation team at Freshfields Bruckhaus Deringer in London as part of the insurance and financial services group. There she worked on large scale litigation and advice for insurance syndicates and markets, listed companies, financial institutions and regulators. Ayleath has particular expertise in trust disputes. She has been involved in many high profile trust disputes. This included acting for the Great Christchurch Buildings Trust which successfully stayed the demolition of the Christchurch Cathedral, as well as well known beneficiary and trustee claims such as interests in the Kain v Hutton litigation. Ayleath understands that the mix of commercial enterprises, high value assets and family dynamics can be challenging to manage. As well as private trusts, she undertakes the restructuring and resettlement of Charitable Trusts, which require Court approval.


Vicki Ammundsen, Director, 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-focused 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.


Anthony Grant, Barrister
Anthony is a barrister with a practice throughout New Zealand. He primarily practices in Trusts, Equity, Wills, Estates and relationship property. He is one of the Country’s most experienced barristers in these areas of the law. He is a well-known author of articles and presenter at seminars on these topics. For details of them click on the page “Trusts” on this website. He is a member of STEP (the International Society of Trust & Estate Practitioners) and The Law Association. He has spoken on developments in the law of trusts at the Law Association’s annual Cradle to Grave Conference for 18 years. He accepts appointments to act as a Trustee if he believes he can assist a Trust to be managed more effectively. For details of this services see the page “Services” on this website. He appears in the higher courts in New Zealand, in mediations, and provides advice and strategic guidance to clients. During the course of his career he has conducted many cases involving other areas of the law including Company law, Securities law, Intellectual Property law, Land law, Contract and Tort. He believes that a good understanding of these and other laws is helpful for the creation of strategies that will best achieve a client’s objectives.


Henry Stokes, Group General Counsel and Company Secretary, Perpetual Guardian
Henry Stokes has been in private practice and acted as in-house counsel for a combined period of over 20 years. He is currently General Counsel, for Perpetual Guardian. Henry specialises in the areas of wills, estates, trusts (both family and charitable) and protection of personal and property rights matters, including appearing in the Family Court, High Court and Court of Appeal. Henry advises on all areas from the preparation and implementation stages through to the disputes, claims and proceedings stages. Henry is an advocate for the trustee industry working together to provide world class trustee services to New Zealanders and is focused on the industry being fully prepared for the new Trusts Act 2019 implementation date of January 2021.