Trusts can transform a relationship property dispute - complicating strategy, evidence and outcomes. Throughout this masterclass you will gain the practical tools to identify the trust issues early, manage the challenges and drive the matter towards the best available outcome. You will work through a trust-linked relationship property dispute as it unfolds across the day, with each session building on the last and showing you how the legal issues play out in practice. Exceptional barristers and solicitors will guide you through the real decisions you face and with a strong practice focus, you will cover early identification of trust issues, selecting and advancing the right claims, and managing evidential and tactical challenges. Covering s 182, ss 44 and 44C, occupation orders, occupational rent and post-separation adjustments and constructive trust arguments, you will walk away with high-level, practical guidance you can use immediately in complex relationship property matters involving trusts
- When is a Trust relevant in the context of relationship property?
- Trusts Act vs Property (Relationships) Act: How do they interact?
- Who is your client: identify conflicts of interest at the outset
- Relationship vs intergenerational Trusts
- Collecting and understanding the relevant information
- What roles does your client have under the Trust: Who controls what?
- Powers vs property
- How to deal with a recalcitrant trustee
- The role of the professional trustee
- The future of the Trust post settlement of relationship property matters
Presented by Rebecca Savage, Partner and Leesa Speed, Partner, Holland Beckett
Follow a continuous case study tracking a trust-linked relationship property dispute from separation through to determination, highlighting strategic decision points and evidential challenges.
Presented by Jeremy Johnson, Barrister, Arbitrator, Bankside Chambers
- Occupational rent: when courts are receptive and s182
- Tactical use vs settlement tool
- Interaction with:
- s15 (economic disparity)
- contributions arguments
- Evidential requirements that succeed in practice
- Framing adjustments in a way the court will adopt
Presented by Dan Vincent, Barrister and Amanda Donovan, Director, Haigh Lyon
- The impact of trust ownership on applications for occupation orders
- Complying with trustee duties in the context of occupation of a trust property on separation
- Tactical use in early-stage litigation
- Limits: when occupation does not translate into substantive advantage
Presented by Georgia Angus, Partner, Morris
- What courts are treating as a “disposition”?
- Intent to defeat vs effect of defeat
- Practical considerations
- The usefulness of these provisions and potential for reform
Presented by Ross Knight, Barrister, Old South British Chambers
- Establishing reasonable expectation: assurances, reliance, and contributions - recent cases
- Unjust enrichment vs constructive trust: when each claim succeeds and key evidential hurdles
- Remedies and strategy: proprietary relief vs monetary award, and interaction with PRA/trust claims
Presented by Ayleath Foote, Senior Litigation Lawyer, Shannon Foote
Attend and earn 7 CPD hours
- Identify trust issues to create an inform strategy.
- Assess when occupation orders are appropriate in trust cases and use them strategically while recognising their limits.
- Examine when s182 applies to trusts and learn how to use it effectively as a remedy
- Learn how to challenge dispositions to trusts under ss 44 and 44C
- Evaluate when occupational rent arises post separation and apply it strategically to support adjustments under s182.
- Learn how to apply principles of constructive trusts and unjust enrichment to establish reasonable expectation
- Learn why the guidance given by the Courts including the Supreme Court, for this important section is inconsistent, unclear, and generally unhelpful
- Learn what you might be able to do about it
- A difficulty with the definition of ‘nuptial settlements’
Presented by Anthony Grant, Barrister, Paladin Chambers
Helen Tyree, Director, McWilliam Tyree
Presenters
Georgia Angus, Partner, MorrisGeorgia Angus is a partner at Morris. She has specialised in trust, estate, and family disputes for over a decade. Georgia acts for individuals, families, professional trustees, and charities on complex and high-stakes matters. Georgia is instructed on a broad range of private client disputes, including breach of trust proceedings and claims on death. Georgia also advises on all issues arising from a relationship breakdown, with particular expertise in relationship property disputes involving business structures and assets held in trust. Georgia has been published in the New Zealand Law Journal and the STEP Trust Quarterly Review on the role of charities in estate disputes and beneficiaries’ requests for trust information. Georgia is a full member of STEP (TEP) and is on the STEP NZ board.
Amanda Donovan, Director, Haigh Lyon
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.
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.
Jeremy Johnson, Barrister, Arbitrator, 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.
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.
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Helen Tyree, Director, McWilliam Tyree
Helen 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.

Dan Vincent, Barrister
Daniel specialises in complex family litigation, often involving international and cross border issues. He appears regularly in appellate jurisdictions, most recently in respect of the Hague Convention on International Child Abduction but also on relationship property and trust matters. In addition to his private practice, he also maintains a busy Lawyer for Child practice. He has over 20 years’ experience in litigation and is an experienced advocate in both appellate and trial contexts.
Ayleath Foote, Senior Litigation Lawyer, Shannon Foote
Ayleath is a senior litigation lawyer focused on complex or sensitive disputes. She is entrusted with matters requiring discretion, sound judgement, and carefully considered strategy. Her practice spans trust litigation, commercial and property disputes, and insurance related matters. She has particular expertise in obtaining and responding to urgent relief, including injunctions and search orders, often in circumstances demanding immediate, decisive action. Ayleath regularly advises on sensitive matters involving director liability, partnership and shareholder issues, personal and mental injury, and matters carrying significant personal or reputational risk. She also advises charitable trusts, including in relation to schemes under the Charitable Trusts Act, investigations, and regulatory inquiries.

Leesa Speed, Partner, Holland Beckett
Leesa is a partner at Holland Beckett, specialising in all aspects of Family Law. She can assist you to resolve matters in Court, or out. Leesa joined Holland Beckett in 2015 with a civil litigation background gained at major firms both in New Zealand and overseas. Her practice area includes resolving post-separation relationship property disputes, advising on and drafting agreements contracting out of the Property (Relationships) Act 1976, parenting applications and guardianship disputes, adoptions, care and protection of children under Oranga Tamariki, claims arising out of wills and estates and applications for orders under the Protection of Personal and Property Rights Act for the appointment of property and welfare guardians.Leesa has made many appearances in the Family, District and High Courts and is appointed to the panel of Lawyer for Child.

Rebecca Savage, Partner, Holland Beckett
Rebecca is an experienced litigator who specialises in complex relationship property, trust and family protection matters. She works hard for her clients and prides herself in providing strategic and pragmatic representation. Rebecca considers it a privilege to assist clients through difficult relationship breakdowns and family problems. After graduating in 2008, Rebecca worked as a Judges’ Clerk at the Auckland High Court before joining the Office of the Crown Solicitor in Auckland two years later. There she gained significant litigation experience through the prosecution of criminal jury trials, as well as regulatory and disciplinary proceedings. She also acted for a number of government departments and Crown entities in respect of various civil litigation matters. Rebecca has appeared in the Court of Appeal, High Court, District Court, Youth Court, Family Court, Environment Court, New Zealand Parole Board, Real Estate Agents Disciplinary Tribunal and the Immigration and Protection Tribunal. Rebecca’s practice focuses exclusively on family law related matters including relationship property, family protection, estate disputes, family violence, adoption, parenting and applications pursuant to the Protection of Property and Personal Rights Act 1988. Rebecca has also been appointed by the Family Court as Counsel for Subject Person in respect of proceedings under the Protection of Property and Personal Rights Act 1988 and Lawyer for Child. She is also a Board Member of Good Neighbour and is the Convenor of the Waikato Bay of Plenty Standards Committee No.2.