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Cross‑Border Estates: NZ Succession Issues with Australia‑Based Children

Cross‑border estates are an increasingly common feature of practice as it is more common that New Zealand families have beneficiaries, executors, or assets based in Australia. Take a practical look at the key issues that arise in will drafting, estate administration, capacity, and tax across jurisdictions. Gain clear, experience based guidance on managing risk, navigating NZ–Australia differences, and handling cross‑border estate matters with confidence in day‑to‑day practice. Featuring an Australian tax specialist, walk away with up to date insights on current tax issues and recent reforms affecting estates and trusts with Australian connections. A timely, practical session not to be missed.

Tuesday, 22 September 2026
12.15pm to 1.15pm Australian Tax Considerations – Estates, Family Trusts and Beneficiaries

Where beneficiaries of New Zealand wills or family trusts are now resident in Australia

  • Assessing individual tax residency
  • Trust and estate distributions: key risks and traps
  • Is the trust / estate treated as Australian tax resident?
  • Using New Zealand trusts to buy Australian property: state tax risks and common pitfalls
  • Australia – New Zealand Double Tax Agreement considerations

Presented by Andrew Henshaw, Managing Director, Velocity Legal and Rosalind Li, Senior Associate, Velocity Legal, Recommended Tax Law Firm – Victoria, Doyle’s Guide 2025

9.00am to 10.00am Will Drafting and Estate Planning: Cross-Jurisdictional Considerations

Presented by Vanessa Robb, Partner, Anderson Lloyd

11.00am to 11.15am Break
10.00am to 11.00am Cross Border Estate Administration
  • Practical approaches to administering and realising foreign-held assets
  • Sealing in NZ offshore made testamentary documents: Key procedural and practical considerations
  • Where the deceased held assets in New Zealand, but the original grant was issued by an Australian Supreme Court

Presented by Hannah Whyte, Associate, Tavendale + Partners

11.15am to 12.15pm Capacity Across the Tasman: Using a New Zealand Enduring Power of Attorney Offshore
  • Why a New Zealand EPA does not automatically work offshore: it is a creature of NZ statute, re-tested against each jurisdiction's own law
  • Scope and limits of the attorney's authority across Australia's eight separate regimes: forms, witnessing, and the electronic-signing divide
  • Will a New Zealand EPA be recognised? Jurisdiction by jurisdiction - and the only two statutory gateways (Western Australia and Tasmania)
  • Can a New Zealand court-appointed property manager administer Australian assets?

Presented by Ross Holmes, Managing Director, Ross Holmes Lawyers; LexisNexis, Contributing Author ‘Law of Trusts

Learning Objectives:
  • Identify and address key risks when drafting wills and estate plans involving cross jurisdictional elements, including domicile, execution, and offshore assets
  • Navigate practical issues in administering estates with cross border assets and grants
  • Understand when and how a New Zealand EPA is recognised and used in Australia
  • Recognise key Australian tax risks affecting cross border estates and beneficiaries
Description

Attend and earn 4 CPD hours

Presenters

Vanessa Robb, Partner, Anderson Lloyd
Vanessa is a Partner in our Property and Private Client team. She joined Anderson Lloyd’s Queenstown office in August 2004, and moved to the Dunedin office in early 2019. Vanessa is a property specialist with expertise in rural property, subdivisions and property transactions, estate planning and trust law. Vanessa also has considerable experience in consents and approvals, conservation estate, district and regional plans and tourism. Vanessa has a diverse property law practice and has become a trusted adviser to a broad range of clients including private and corporate entities. Her range of experience, both in New Zealand and the UK, assists her to understand different clients’ needs, the complexities of their legal matters and to negotiate successfully with third parties.

Andrew Henshaw, Managing Director, Velocity Legal
An accountant’s best ally, Andrew has built a reputation for his creative problem-solving and ability to deliver solutions others may overlook. His genuine passion for tackling complex tax issues, coupled with his fearless, cutting-edge approach has resulted in not only exceptional outcomes for his clients but also wide recognition within the industry. Andrew’s work spans complex tax disputes, business restructures, succession planning and major transactions. He regularly assists clients with ATO and State Revenue Office matters, obtaining private rulings, resolving audits and securing favourable outcomes in high-stakes situations. Clients value Andrew’s clarity and decisiveness. He simplifies complex technical advice without losing nuance, offering both the full legal analysis and the practical bottom line. Known for his direct and commercial approach, Andrew provides transparent fee guidance and practical recommendations shaped by his own experience as a business owner. Andrew is a Co-founder of Velocity Legal, a Chartered Tax Adviser with the Tax Institute and holds a Master of Laws from the University of Melbourne. Appearing regularly as a speaker for leading industry bodies including The Tax Institute, CPA, IPA, Tax Nuggets, Tax Talks and most recently presenting at the Tax Summit; Andrew’s innovative insights and expertise are highly regarded.Summit; Andrew’s innovative insights and expertise are highly regarded.


Hannah Whyte, Associate, Tavendale + Partners
Hannah specialises in trusts and estate matters, in all approaches including advising, drafting, administration and dispute resolution. With a master's degree in Wills, Estates, and Trusts, Hannah combines her academic expertise with practical experience to deliver comprehensive, effective outcomes for her clients. She began her career in general practice in New South Wales, gaining valuable experience in commercial and litigation matters. Hannah’s passion for trusts and elder law led her to focus exclusively on trusts and estates upon returning to New Zealand. This background gives her a strong foundation for her current work in trusts and estates, particularly where complex legal, procedural, or dispute focused issues arise.

Ross Holmes, Managing Director, Ross Holmes Lawyers
Ross Holmes is the Managing Director of Ross Holmes Virtual Lawyers Limited, a boutique Auckland firm he founded in 1985 to help New Zealand families and businesses protect their homes, assets and futures. Admitted in both New Zealand and the Cook Islands, he has practised law since 1973, and is widely recognised for his work in trust-based and will-based asset protection planning. Before founding the firm, Ross was a partner in New Zealand law firms, worked as a Senior Manager in the taxation division of a major accountancy firm, and served as Managing Director of a Cook Islands international trustee company (a subsidiary of the Australia and New Zealand Banking Group Limited, Australia) — experience that shaped his practical, cross-border approach. Ross writes the trust administration chapters of LexisNexis' Law of Trusts (New Zealand), and is co-author of Southern Cook Islands Customary Law, History, and Society with Professor Ron Crocombe. He is a member of STEP and of the New Zealand and Cook Islands Law Societies. Clients value Ross for explaining complex legal issues in clear, practical language, with a focus on what works best in real life — not just on paper.

Rosalind Li, Senior Associate, Velocity Legal
Rosalind has real international flair, having lived in New Zealand, a native speaker in Mandarin and experienced in multinational tax issues. Who said tax lawyers can’t have personality? Rosalind has real international flair, having lived in New Zealand, a native speaker in Mandarin and experienced in multinational tax issues. She’s also a self-confessed ‘foodie’ enjoying exotic culinary delights with friends and family. Rosalind holds a Bachelor of Laws (Honours) and a Master of Law from the University of Melbourne. She is also a Chartered Tax Advisor with the Tax Institute and has been a finalist in the Lawyers Weekly 30 under 30 finalist in the taxation category in 2020 and 2023. Rosalind also contributes to the tax community through forums including assisting with technical papers with the Tax Institute, Legalwise and the Television Education Network, as well as co-presenting in CPA discussion groups regarding topical tax issues, and is a finalist for Rising Star of the Year 2024 (Australian Law Awards Lawyers Weekly).

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Cross‑Border Estates: NZ Succession Issues with Australia‑Based Children

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Single Session
Tuesday, 22 September 2026
9.00am to 1.15pm New Zealand
CPD Hours 4
$420.00
Online 20260712 20260922

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