Register Now

Estate Disputes and Avoiding Disputes

Estate disputes are complex, high-stakes and difficult to navigate. Join leading New Zealand succession specialists for a comprehensive examination of the major disputes arising in and against estates. Unpack claims by beneficiaries and would-be beneficiaries, executor and trustee obligations, and disputes involving blended families. Gain practical guidance on protecting the rights of minor and unborn beneficiaries and examine the challenges of undue influence and capacity. Explore effective approaches to mediation and tackle the issues most likely to land on your desk. You will leave with current insights and expert guidance to identify risks early, strengthen your advice, avoid costly missteps and achieve better outcomes for executors, trustees, beneficiaries and claimants. If you advise on, manage or litigate estate disputes, this is an essential update you cannot afford to miss.

Friday, 12 March 2027
Session 2: Asset Planning, Partner Claims and Capacity

Chair: Richard Belcher, Partner, Molloy Batts

2.00pm to 3.00pm Asset Planning for Blended Families: How to Avoid Future Claims
  • Identifying competing interests
  • Planning asset ownership
  • Relationship property agreements
  • Will and succession planning
  • Using trusts effectively
  • Planning for the surviving partner
  • Aligning different legal instruments
  • Practical strategies to minimise disputes

Presented by Natasha Williams, Senior Associate, Brookfields Lawyers and Keely Barnes, Senior Solicitor, Brookfields Lawyers

Learning Objectives:

 

  • Examine recent developments in estate disputes and claims against estates
  • Assess executor and trustee obligations when managing competing claims and interests
  • Explore options for protecting minor and unborn beneficiaries
  • Apply asset planning strategies to minimise disputes in blended families
  • Consider relationship property and testamentary promise claims arising on death
  • Identify capacity, undue influence and fraudulent calumny risks in estate planning
  • Develop practical strategies to prevent and manage estate disputes
3.00pm to 4.00pm Claims by Surviving Partners and Spouses Against Estate
  • Claims by surviving partners or spouses against estates, or by executors against partners or spouses
  • Conflict of interest where the claimant or the residuary beneficiary opposing the claim is an executor or the administrator on an intestacy. Can they be removed? Should they resign?
  • Appointment of Independent Administrators by the High Court, what is their role?
  • Where there is a contracting out agreement
    • Property (Relationships) Act claims [Option A and B, time limits and s.63 and s.69]
    • Family Protection Act claims [“top up” claims in addition to the entitlement under the PRA]
    • Constructive trusts
    • Where the partners or spouse has commenced a new relationship
  • Life tenancy issues from all perspectives, how these are viewed by the Court
  • Testamentary promises claims

Presented by Jane Connell, Partner, Connell Clark Lawyers and Richard Belcher, Partner, Molloy Batts

10.00am to 11.00am Executors’ Obligations to Bring Claims Outside the Estate: Looking Beyond the Deceased Assets as at Time of Death
  • The executors’ obligation to call up debts and other liabilities
  • The risks to executors of not calling up debts etc (i.e: paying out asses before claims are settled)
  • The obligation of executors to invoke defences
  • The executor’s power of compromise
  • Derivative claims

Presented by Alexandra Low, Barrister and Luke Dixon, Senior Associate, Patterson Hopkins

11.15am to 12.15pm Protecting the Rights of Minors and Unborn Beneficiaries: Deeds of Family Arrangement, Available Outcomes and Alternatives, Drafting Tips and Developments Since Casey v Blair-Bellamy
  • Deeds of Family Arrangement unpacked
  • Protecting the interests of unborn, minor and incapacitated beneficiaries
  • Court – last resort or valuable ally?

Presented by Theresa Donnelly, Head of Legal, Perpetual Guardian and Vicki Ammundsen, Director and Notary Public, Vicki Ammundsen Trust Law

Description

Attend and earn 7 CPD Hours

Session 1: Disputes Against the Estate

Chair: Timothy Orr, Partner, Martelli McKegg

9.00am to 10.00am Case Update: Dealing with Blended Families and Other Claims Against the Estate
  • Review key developments over the last year in claims against estates, including disputes involving blended families and other claimants
  • Consider how the courts are approaching competing interests, the factors influencing outcomes and the practical lessons these decisions provide for practitioners advising executors, trustees, beneficiaries and potential claimants

Presented by Philip McHugh, Legal Counsel, Perpetual Guardian

11.00am to 11.15am Break
12.15pm to 1.15pm Mediating Estates Disputes: Getting the Best from the Process
  • Why mediate? Sign of weakness or pragmatic?
  • When to mediate, including how the new HCR impact that choice
  • Mediation and the Courts:  jurisdictional issues, s145 Trusts Act, blessing orders
  • Preparing: the client, the case, to settle
  • On the day: people and their problems (letting it out vs blowing it up), impasse, creative solutions

Presented by Mark Kelly, Commercial Mediator, Bankside Chambers and Richard Thompson, Barrister, Park Chambers

4.00pm to 4.15pm Break
4.15pm to 5.15pm Spotlight on Testamentary Capacity, Undue Influence, and Other Related Causes of Action

Join a practical session examining a case study including:

  • What you should look out for, increasing risks for practitioners, including reputational and disciplinary risks (Standards Committee, Disciplinary Tribunal)
  • Back to basics – who is your client?  Beware of family, who may not always be right/impartial
  • Tips from an expert on how to recognise when a person may be affected
  • “Novel” causes of action such as unconscionable conduct and fraudulent calumny

Presented by Theresa Donnelly, Head of Legal, Perpetual Guardian and Dr Elizabeth Fussell, Consultant Psychogeriatrician, Waikato DHB Health

Presenters

Richard Thompson, Barrister, Park Chambers
Richard Thompson began practise in 1994 when he spent 2 years as junior counsel for Fay Richwhite in the Winebox Inquiry. After 4 years abroad he began practice as a barrister sole in 2000, with a grounding of four years as a junior barrister at Shortland Chambers. Since 2008 he has been a member of Vulcan Building Chambers where his practice covers a broad range of commercial litigation. In the past ten years he has had an increasing focus on and interest in estate and trust litigation. He is a member of the ADLS Trust Law Committee. He has also been closely involved with the acting community and is a founding trustee of the Actors' Benevolent Fund.


Keely Barnes, Senior Solicitor, Brookfields Lawyers
Keely holds a Bachelor of Laws (LLB) from the University of Auckland. 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 has worked regularly alongside other senior staff in complex matters involving PPPR, FPA and PRA issues. She is a member of the Auckland Women Lawyers Association, Family Courts Association and frequently attends STEP NZ seminars.


Mark Kelly, Commercial Mediator, Bankside Chambers
Mark is one of New Zealand’s leading commercial mediators, mediating full-time, throughout New Zealand. He has over 30 years of experience in dispute resolution. Mark is a past President, and a Fellow, of the Arbitrators' and Mediators' Institute of New Zealand. He is also a Distinguished Fellow of the International Academy of Mediators. Mark has extensive experience successfully mediating disputes involving: general commercial issues, construction, insurance, intellectual property, trusts and estates, relationship property, rural and farm debt, sports, earthquake, weathertightness and international issues. Mark won the Mediator of the Year Award at the 2019 and 2022 New Zealand Law Awards. In 2023 and 2024 he was named as one of New Zealand’s most influential lawyers. He practices from Bankside Chambers, Auckland.


Natasha Williams, Senior Associate, Brookfields Lawyers
Natasha has extensive experience in trust law, advising family members on family protection claims, dealing with relationship property disputes and elder law. Natasha provides specialised legal advice to individuals, families and trustee companies on all aspects of trust formations and variations, trust wind ups and resettlements, trustees’ compliance with duties and obligations under the Trusts Act 2019. She provides advice to property and welfare attorneys and on estate administration matters. Natasha is on the committee for the Family Court Association Auckland (FCAA), a member of the Estate and Taxation Planning Council (ETPC) and serves on the Board of Trustees at her local school.

Timothy Orr, Partner, Martelli McKegg
Timothy 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.


Theresa Donnelly, Head of Legal, Perpetual Guardian
Theresa Donnelly has a wealth of experience in elder law, wills, estates 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.

Vicki Ammundsen, Director and Notary Public, 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-focussed 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.

Philip McHugh, Legal Counsel, Perpetual Guardian
Philip McHugh is a Legal Counsel at Perpetual Guardian, where he advises on trusts, estate, succession and related disputes. He has broad experience across private client, trust and estate planning, asset protection and contentious trust and estates work. Prior to joining Perpetual Guardian, Philip worked in private practice, including leading a private wealth team and advising trustees and families on complex succession and governance issues. He is a full member of the Society of Trust and Estate Practitioners. Philip has a particular interest in helping people navigate risk and evolving estate and trust disputes.

Dr Elizabeth Fussell, Consultant Psychogeriatrician, Waikato DHB Health
Dr Elizabeth Fussell is a Consultant Old Age Psychiatrist and Clinical Director of Mental Health Services for Older People in Waikato. She is also a Director of Psychiatry Training for the Upper Central North Island. UK-trained, Elizabeth has more than 20 years’ experience in psychiatry, with particular expertise in dementia, cognitive disorders and complex mental illness in later life. Alongside her public-sector roles, she has a private practice specialising in the assessment of decision-making capacity. Her work frequently sits at the intersection of cognition, autonomy, risk and the law. She has a particular interest in making complex capacity assessments rigorous, practical and person-centred, while preserving autonomy wherever possible.

Jane Connell, Partner, Connell Clark Lawyers
Jane is our Family Partner. She specialises in all areas of family law including parenting (orders to prevent overseas travel and Hague Convention cases), guardianship, child support, spousal maintenance, trust, and estate litigation as well as civil litigation, mediation. She also undertakes drafting and reviewing contracting out agreements, trusts and wills. She regularly appears in the Family Court and High Court and participates in mediations with experienced mediators in relation to disputes that have not been possible to resolve. She has recently been successful with an appeal in a relationship property matter. Jane is appointed as a Lawyer to Assist the Court with complex relationship property/family matters. On the weekends, Jane enjoys spending time at Lang’s Beach or with her young grandchildren.

Richard Belcher, Partner, Molloy Batts
Richie is a trusted litigator with particular expertise in criminal and regulatory prosecutions, public law, and trusts and estates disputes. He regularly appears as counsel in the District Court, High Court and Court of Appeal, as well as a range of specialist tribunals. Known for his clear, pragmatic approach to complex matters, Richie also has experience acting in arbitrations, mediations and judicial settlement conferences. As a former prosecutor, Richie has acted across a wide range of criminal and regulatory matters, including Crown prosecutions and proceedings involving WorkSafe, Maritime New Zealand, the Ministry for Primary Industries, Waka Kotahi, the Commissioner of Police, the New Zealand Law Society, the Teaching Council of Aotearoa New Zealand, the Real Estate Agents Authority, the Royal Society for the Protection and Care of Animals and the Plumbers Gasfitters and Drainlayers Board. He also maintains an active civil practice. In addition to commercial and insurance-based disputes, Richard has particular experience in public and administrative law, and trusts and estates disputes. He has appeared in and advised on several judicial review proceedings and is instructed by both professional trustees and private individuals to advance, or defend, trust and estate claims.

Luke Dixon, Senior Associate, Patterson Hopkins
Luke joined Patterson Hopkins in 2012. He is a senior member of our dispute resolution team and specialises in disputes involving family trusts, probate and claims on deceased estates. He regularly advises clients on the Family Protection Act 1955, Law Reform (Testamentary Promises) Act 1949 and related common law and equitable claims. He advises trustee and beneficiary clients about their rights and obligations in relation to trusts and has a particular interest in the theory and practice of trust law.

Alexandra Low, Barrister
Alexandra Low is a barrister sole after joining the independent bar in 2021.  Prior to that she was the principal of Alexandra Low and Associates.  Before establishing her own firm, Alexandra worked in large law firms.  Alexandra is a senior taxation, trust, and estate practitioner with significant expertise in disputes, mediation, and litigation.  Alexandra regularly appears in the senior courts on issues arising in relation to trusts, estates and relationship property, bringing her taxation experience to a solutions driven practice.  Alexandra specialises in religious, historic and charitable trusts and enjoys her work in elder law.  Her work in this area was recognised in the Women in Law awards in 2019, 2022, 2023 and 2024.  Alexandra was also awarded Dispute Resolution Lawyer of the year in 2022.  Alexandra’s practice area is wide and varied allowing her to bring her significant experience and skills to matters for the benefit of her clients.

WEB273NZA13

Estate Disputes and Avoiding Disputes

CHOOSE YOUR SESSION AND
DELIVERY MODE BELOW

dddd 60094214540 - 60094214540 - {has_more=false, offset=0, total=0, results=[]}

All Sessions
Friday, 12 March 2027
9.00am to 5.15pm New Zealand
CPD Hours 7
$690.00
Online 20261105 20270312

Online

Register
Register
On Demand 20261105 20270312

Post Seminar Recording

Register
Register
dddd 60094214540 - 60094214540 - {has_more=false, offset=0, total=0, results=[]}

Morning Session
Friday, 12 March 2027
9.00am to 1.15pm New Zealand
CPD Hours 4
$420.00
Online 20261105 20270312

Online

Register
Register
On Demand 20261105 20270312

Post Seminar Recording

Register
Register
dddd 60094214540 - 60094214540 - {has_more=false, offset=0, total=0, results=[]}

Afternoon Session
Friday, 12 March 2027
2.00pm to 5.15pm New Zealand
CPD Hours 3
$345.00
Online 20261105 20270312

Online

Register
Register
On Demand 20261105 20270312

Post Seminar Recording

Register
Register
dddd 60094214540 - 60094214540 - {has_more=false, offset=0, total=0, results=[]}

dddd 60094214540 - 60094214540 - {has_more=false, offset=0, total=0, results=[]}

dddd 60094214540 - 60094214540 - {has_more=false, offset=0, total=0, results=[]}

dddd 60094214540 - 60094214540 - {has_more=false, offset=0, total=0, results=[]}

dddd 60094214540 - 60094214540 - {has_more=false, offset=0, total=0, results=[]}

dddd 60094214540 - 60094214540 - {has_more=false, offset=0, total=0, results=[]}