In this intensive estate planning session, you will work through specific techniques for drafting Wills or Memorandum of Wishes, that are supported by real world examples. You will also receive practical insights into the correction powers that you can employ when a Will is deemed invalid. Fine-tune your expertise in estate planning and drafting to avoid problems down the track, while mastering the skills required to excel in this complex legal area.
Chair:
Timothy Orr, Partner, Martelli McKegg
Drafting Techniques and Considerations for Asset Planning Documents
- In-depth strategies to elevate your drafting
- Drafting techniques that include testamentary trusts (discretionary trusts, rights of occupation, capital protected trusts, life insurance/superannuation proceeds, and charitable trusts)
- Unusual circumstances, instructions, and clauses
- Drafting techniques for Memoranda of Wishes
Presented by Alana Crampton, Partner, Tavendale and Partners
Description
* This interactive online recording includes questions and quizzes requiring critical thinking about the topics, so you have no annual limits to the number of points/hours you can claim with this format of learning. Please verify with your CPD rules
*Original Content was created in 2023
Opening Comments by the Chair
INTENSIVE WORKSHOP: Correction Powers Under the Wills Act
When wills go wrong and you have an invalid will, you don’t always need to jump straight to a validation process under section 14 of the Wills Act 2007. This session examines some of the other options available to you to get the will over the line.
- Sometimes you can bridge the “gaps” by way of affidavit evidence and a memorandum of counsel
- Alternatively, a section 31 application may be available to you. Sometimes there is no pointing looking at validation for the answers
- Section 14 cannot be used to correct clerical errors contained in a will. If the will is a valid will under section 11, but the will contains an error or errors, section 31 is the right section to use to have the will corrected
- Discussion and Q&A
Presented by Theresa Donnelly, Legal Services Manager, Perpetual Guardian
Learning Objectives:
- Understand the core techniques to successfully draft estate planning instruments
- Take and in-depth look at correction powers and alternate options to validate Wills
Final Q&A and Closing Comments
Attend and earn 3 CPD hours
Presenters
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.
Alana Crampton, Partner, Tavendale and Partners
Alana is an expert in protecting assets and personal wealth across generations, especially when involving property and agricultural assets. From a dairy background herself and with family still involved in the industry, she is well suited to advise on all farm property matters and provide advice to farming families on the complexities of succession planning. She works with her clients to create personalised plans to suit their specific needs when it comes to preparing for the next generation and what ownership and structure looks like for that next generation. With her expertise in relationship property law, she aims to provide the best advice to protect family assets across generations with satisfactory results for all involved. Alana’s involvement in property law, is not just rural, she can transact all types of property including, commercial, investment properties, commercial leasing and all residential conveyancing including those with difficult EQC/insurance issues.
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.
