Trust Law Symposium

Immerse yourself in the critical information and updates that you need to know on trusts, at this premier event. Traverse a diverse selection of topics, updates and issues involving trustees duties, trustees disclosure, trust review and administration including supervision by the Court. Delve into new fiduciary relationships, fraud and investment of trust funds. Join us at this comprehensive programme where you will receive the critical insights from the experts.

Tuesday, 7 March 2023
2.00pm to 2.50pm Fraud on a Power and Trustee Decision-making
  • The concept of fraud on a power
  • How the concept is relevant to trustee decision-making
  • How to apprehend and manage risk in this area

Presented by Thomas Refoy-Butler, Partner, Mackenzie Elvin Law and Sam Jeffs, Barrister, Bankside Chambers

Session 1: Trustees Duties, Trust Administration & Review

Chair: Kate Wiseman, Barrister, Arbitrator and Mediator, Bankside Chambers

4.25pm to 5.15pm The Investment of Trust Funds: Powers, Duties and Practice
  • Many trusts are intended to provide long term financial support to beneficiaries (sometimes over several generations)
  • Therefore, investment strategy, execution, and monitoring are some of the most important aspects of trusteeship
  • Failing to invest the trust fund prudently can expose the trustee to liability
  • This session will explain to the modern professional trustee its powers and duties in relation to investment and assist it to comply with those duties

Presented by Henry Brandts-Giesen, Partner, Dentons Kensington Swan

Session 2: Fraud, Fiduciary Relationships and Investing Trust Funds

Chair: Ross Knight, Barrister, Old South British Chambers

3.55pm to 4.25pm New Fiduciary Relationships
  • The Courts are creating new fiduciary responsibilities
  • Parent/Child
  • The State/Maori
  • What are the next responsibilities likely to be?

Presented by Anthony Grant, Barrister, Paladin Chambers

2.50pm to 3.40pm Supervision of the Court under the Trusts Act 2019
  • The inherent jurisdiction and supervisory role of the court
  • Common applications and their grounds, including requests for information and removal of trustees
  • Case law

Presented by Carmel Walsh, Barrister, Bankside Chambers

11.35am to 12.20pm New Trust Documentation; Tips and Tricks
  • Drafting new trust deeds
  • Drafting other trust documentation including appointment and removal of trustees and beneficiaries, resolutions, distributions and resettlements
  • Drafting trust deed clauses that stand the test of time, is future proofing necessary or desirable?
  • Common trust drafting mistakes and how to fix them

Presented by Richard Broad, Senior Associate, Simpson Grierson

10.50am to 11.35am Trust Administration
  • The importance of good record-keeping
  • Increasing trustee compliance obligations
  • The role of the independent trustee

Presented by Emma Tonkin, Partner, Hesketh Henry

9.05am to 9.50am Disclosure by Trustee
  • What trust information is held?
  • What factors should trustees consider in relation to a request?
  • What is the process for applicant and trustees to follow?

Presented by Kevin Lenahan

9.50am to 10.35am Modification of Trustee Duties
  • Modifying the default duties in new Trust deeds
  • Spotting modifications in existing Trust deeds
  • Can the default duties be modified using a power of amendment?

Presented by Stephanie Irons, Senior Associate, Chapman Tripp

12.20pm to 1.05pm Trust Review Process
  • Regulatory requirements and Trust review
  • Is this set in stone?
  • Who should be involved when reviewing the Trust documents
  • Review process – what are the common clauses to look out for?
  • How can I fix issues that arise – practical drafting examples

Presented by Tomasina Antunovich, Senior Associate, Tompkins Wake

Description

Attend and earn 7 CPD hours

9.00am to 9.05am Opening Comments by the Chair
10.35am to 10.50am Morning Tea
Learning Objectives:
  • Learn about disclosures by trustees
  • Understand modification of trustee duties
  • Receive a comprehensive overview of trust administration
  • Trust Review Process
  • Hear about current approaches to review and variation of Trust Deeds
1.05pm to 1.15pm Final Q&A and Closing Comments by the Chair
3.40pm to 3.55pm Afternoon Break
Learning Objectives:
  • Understand how to recognise fraud on a power and trustee decision-making
  • Learn about supervision of the Court under the Trusts Act 2019
  • Be updated on how the Courts are introducing new fiduciary relationships
  • Receive valuable insights into trust funds, powers, duties and practice

Presenters


Mr. Anthony Grant, Barrister, Paladin Chambers
Anthony Grant is a Barrister and advisor on the laws concerning Trusts and Estates, He also acts as a professional Trustee. He is a member of STEP (the international Society of Trust and Estate Practitioners) and a member of the Auckland District Law Society’s Trust Law Committee. He regularly appears in the Senior Courts on issues involving Trusts and Estates and writes and speaks extensively on these topics.


Mr. 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.


Ms. Kate Wiseman, Barrister, Bankside Chambers
Kate is a dispute resolver specialising in collaborative law, mediation and arbitration. Her mediation and arbitration practice encompasses a broad range of commercial, property and family disputes. She has particular expertise in resolving family disputes involving companies, trusts, relationship property and estates. Before coming to the law she had a 20 year career in business. She now holds a number of governance positions, including as chair of the Village Square Trust, a community services for-purpose organisation; and as an elected member of the boards of the Arbitrator and Mediators Institute of New Zealand (AMINZ) and the Collaborative Law Association of New Zealand.


Mr. Kevin Lenahan
Kevin is a specialist trusts and estates litigator and mediator (Associate AMINZ) who, in addition, is the NZLS Property Law Section’s The Property Lawyer trusts and estates columnist. Kevin regularly gives CPD seminars and presentations on topical issues in trusts and estates litigation. From 2010 until 2021 Kevin practised as a barrister in Ireland. There, arising from his experience in estates litigation, he was a founding member of the Probate Bar Association. Kevin is cross jurisdictionally qualified in Ireland, Northern Ireland, England and Wales, Australia, and New Zealand.


Ms. Stephanie Irons, Senior Associate, Chapman Tripp
Stephanie is a Senior Associate at Chapman Tripp’s Private Client & Trusts team, advising on all aspects of trust law and succession planning. She has experience in the establishment, variation and reorganisation of trust structures and inter-generational asset planning. She also advises on a range of corporate matters and the establishment and operation of not-for-profit entities.


Mr. Richard Broad, Senior Associate, Simpson Grierson
Richard Broad recently joined Simpson Grierson as a senior associate and specialises in private client work. He has many years of experience in private legal practice together with in-house legal and management roles in trust companies. He advises on all areas of succession planning and asset protection. In particular Richard has expertise in trusts, wills, estate administration and powers of attorney. Richard has a LLB from Victoria University and is a member of the Society of Trust and Estate Practitioners, Estate and Tax Planning Council, and Auckland District Law Society Trust Law Committee.


Ms. Emma Tonkin, Partner, Hesketh Henry
Emma specialises in private wealth, real estate and overseas investment. She works with individuals and families advising on trusts, estate planning and succession with a focus on real estate assets. She is adept at understanding family dynamics and, enjoys helping generations with their succession planning, particularly as a large part of the private wealth market in New Zealand matures. Emma is a member of the ADLS Trust Law Committee.


Ms. Tomasina Antunovich, Senior Associate, Tompkins Wake
Tomasina has been practicing law since 2005, and joined Tompkins Wake in 2013. Tomasina advises on all aspects of property law including refinancing and restructuring multi-party entities, assists clients with succession planning and asset protection strategies including maximising the benefits of a Family Trust. Tomasina has a specific expertise in the area of Elder Law and works with clients to demystify the issues facing aging clients.


Mr. Sam Jeffs, Barrister, Bankside Chambers
Samuel Jeffs is a barrister at Bankside 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.


Mr. Thomas Refoy-Butler, Partner, Mackenzie Elvin Law
Thomas is a Partner of Mackenzie Elvin Law and is an experienced litigator providing strategic advice and representation to clients in relation to commercial disputes and regulatory litigation. He has particular experience in contractual disputes, trusts, employment, insolvency, interim relief (injunctions and freezing orders) and regulatory litigation and investigations. He also has experience as sole and junior counsel acting for private and corporate clients, including Crown entities, in both civil and criminal proceedings in the District Court, High Court and Court of Appeal. Thomas is an Associate Member of the New Zealand Institute of Directors and a Board Member for Athletics Waikato Bay of Plenty. Thomas started his career in Auckland in a specialist litigation practice and subsequently worked for two national law firms before relocating with his family to Tauranga at the beginning of 2019.

WEB233NZA17Z

Trust Law Symposium

CHOOSE YOUR SESSION AND
DELIVERY MODE BELOW

All Sessions
Tuesday, 7 March 2023
to Pacific/Auckland
CPD Hours 7
7
$690.00
Online 20240517 20230307

Online

Register
On Demand 20240517 20230307

On Demand

Register
Morning Session
Tuesday, 7 March 2023
to Pacific/Auckland
CPD Hours 4
4
$420.00
Online 20240517 20230307

Online

Register
On Demand 20240517 20230307

On Demand

Register
Afternoon Session
Tuesday, 7 March 2023
to Pacific/Auckland
CPD Hours 3
3
$345.00
Online 20240517 20230307

Online

Register
On Demand 20240517 20230307

On Demand

Register