Estate disputes are increasingly common—and often complex in blended families. This practical half-day webinar is designed for lawyers navigating these high-risk matters. Gain insights into drafting effective life interest clauses, managing the implications of mutual wills, and handling claims under the Family Protection Act and Property (Relationships) Act. The program also examines constructive trust claims and recent case law shaping the landscape.
Attend and earn 4 CPD hours
Theresa Donnelly, Legal Services Manager, Perpetual Guardian
- The need for a promise
- What property is subject to the mutual will
- The effect of a mutual will and its consequences
Presented by Nicola Peart ONZM, Professor Emerita, Faculty of Law, University of Otago
- Learn how to draft life interest clauses to avoid disputes and clarify usage rights.
- Understand the key legal effects of mutual wills in blended family contexts.
- Recognise how the Family Protection and Property (Relationships) Acts interact in top-up claims.
- Explore when constructive trust claims arise from fiduciary breaches.
- Identify trends in blended family disputes through recent case law.
- What do life interest clauses grant and common misconceptions: ownership vs usage rights
- How to draft such clauses properly to avoid misinterpretation
- Where disputes can arise
- Other implications
Presented by Maria Young, Trusts and Estates – Principal, Cavell Leitch
- Interrelationship between the Property (Relationships) Act and Family Protection Act
- Important considerations in bringing a Family Protection Act claim
- Case updates
Prepared by Amanda Donovan, Director and Ben Jefferson, Associate, Haigh Lyon Lawyers
- How to create claims of a constructive trust
- How to resist claims of a constructive trust
Presented by Anthony Grant, Barrister, Paladin Chambers
- Challenges for drafting and implementing wills in blended families
- Joint ownership disputes, including resulting trust claims and the presumption of advancement
- Common inheritance conflicts in modern family structures
Presented by Sam Jeffs, Barrister, Mills Lane Chambers
Presenters
Amanda Donovan, Director, Haigh Lyon Lawyers
Amanda’s clients value that she’s astute, commercially savvy and easy to relate to. With a background in psychology, she helps make difficult situations comfortable and drives dialogue when the going gets tough. A strategic thinker with incredible spirit and vitality, Amanda has practised in family law for over 20-years, working primarily in the highly specialized areas of relationship property and claims against trusts. A keen listener and insightful reader of people, Amanda is the person you want to contribute to the negotiations when relationships are forming or finishing. On the inside, she is the firm’s go-to for solving problems; her intuition is her super power.
Ben Jefferson, Associate, Haigh Lyon Lawyers
Ben’s passion for family law is driven by his clear thinking and empathy that helps him guide clients through complex legal issues at an emotionally challenging time of their lives. Focused, efficient, and compassionate, he uses his expertise to help people achieve positive outcomes. Ben’s clients also value his ability to simplify the complex and develop a detailed plan to give them peace of mind. With a Masters in Journalism, he has a love of great writing which complements his legal acumen and gives him a sharp eye for detail. In the office, Ben is the firm’s go-to for incisive and effective thinking, as well as reliably humorous and cheeky comments. When Ben isn’t at work, he’s very busy being a doting dad, a sports trivia whizz, and a keen soccer player – even if his social skills often make more impact than his fancy footwork.
Theresa Donnelly, Legal Services Manager, Perpetual Guardian
Theresa Donnelly has a wealth of experience in elder law and trust related matters. Theresa 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 formerly Public Trust (Team Leader) and the Ministry of Social Development, where she was (lead Senior Public Law Team). She is a regular presenter and speaker for professional groups such as Legalwise, NZLS/CLE, TLANZ, CCH and other professional organisations.
Maria Young, Principal – Trust and Estates, Cavell Leitch
Maria is a trusts and estates practitioner with extensive experience in all aspects of asset protection and family succession planning for clients, including setting up bespoke trust structures, advice on trust and estate disputes, Wills and Enduring Powers of Attorney, capacity and residential care subsidy issues. Maria has presented papers for CLE New Zealand Law Society and Legalwise. She is a a principal in the Trusts & Estates team at Cavell Leitch and a member of STEP.
Anthony Grant, Barrister, Paladin Chambers
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.
Nicola Peart ONZM, Professor Emerita, Faculty of Law, University of Otago
Nicola formally retired from the University of Otago in 2020 and is now a professor emerita. But she is still teaching and engaged in research on trust and succession law, as well as relationship property law. She has published widely in these areas and has been a member of the Law Commission’s Expert Advisory Groups for its Review of Trust Law, the Review of the Property (Relationships) Act and the Succession Law Review.
Sam Jeffs, Barrister, Mills Lane Chambers
Samuel Jeffs is a barrister at Mills Lane 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.