Join us for a comprehensive seminar on estate disputes where you will delve into the most recent case law and learnings for managing various family provisions claims. Explore the legal nuances of equitable Estoppel and constructive trusts, adeptly navigate probate applications under the Administration Act, and master mediation strategies for alternative dispute resolution. 

Presenters

James Pullar, Partner, Taylor Shaw
James is a Partner at Taylor Shaw and is the head of the Civil Litigation and Employment, and Education Law practice. He acts for a wide variety of clients including local and national businesses, School Boards of Trustees, Independent Schools around New Zealand, and private individuals. James regularly appears in the District Court and the High Court across a broad range of civil work, as well as in the Employment Relations Authority and the Employment Court. James is recognised as a senior litigator and employment lawyer. He advises our clients in respect of issues that arise in a workplace environment. This includes disciplinary investigations, strategic advice on restructuring processes, and personal grievances. In civil litigation, James has developed specialist expertise in insurance law, negligence, contractual disputes, as well as contentious trust and estate matters. James also advises clients in relation to matters that arise in a School environment, including suspensions and exclusions, resolving complaints, staff issues, and property matters. James is an active contributor to New Zealand Law Society programmes, including Employment Law conferences and seminars, and the annual Young Lawyers’ Mooting Competition. He currently sits on both the NZLS (Canterbury-Westland) Employment Law Committee and Special Events Committee and is a previous convenor of the Junior Practitioners’ Committee.


Malcolm Wallace, Barrister, Arbitrator, Mediator
Malcolm has a wide range of experience in dispute resolution, developed over 35 years of legal practice. Vice President of the Council of AMINZ, and a Fellow in Arbitration since 2012, Malcolm began his legal career in 1987. A former partner of Helmore Macdonald and Stanley, and then a member of the litigation team at Wynn Williams & Co, Malcolm gained wide experience in all aspects of private practice before becoming a Barrister in 2006. Malcolm was a council member of the New Zealand Bar Association from 2010 to 2015 holding office as Secretary, Treasurer and South Island Vice-President. Now with his own arbitration and mediation practice, Malcolm is also a Facilitator for New Zealand Claims Resolution Service (GCCRS), and has been helping parties resolve Earthquake claims over the last 10 years. Malcolm is appointed by lawyers and Judges to facilitate conferencing of expert witnesses in complex trials. Malcolm is author of the Variation and Resettlement of Trusts chapter of Equity and Trusts in New Zealand, 3ed soon to be published. Areas of expertise and interest included: Relationship property, Trusts & Estates, Real estate and Leases, Shareholder & Partnership, Construction & Building and Farming


Clinton Light, Special Counsel and Litigator, Shine Lawyers NZ
Clinton has more than 30 years’ litigation experience. He has worked in different areas of legal practice over the years, but his current focus is estate, relationship property and medico-legal litigation.


Mrs Cheryl Simes, Principal,
Earlier education, training and experience as a tutor, archivist, information specialist, and political volunteer laid the groundwork. They introduced me to systems analysis and design, effective use of computers, team building, public services, and the diverse needs of ordinary New Zealanders from every walk of life. This was built on by Waikato Law School. I had no previous legal experience. I first encountered probate applications as a brand-new staff solicitor in the 1990s. I remember one of my first applications – probably for letters of administration, because it wasn’t on an ADLS printed form – received an adverse comment because I had tweaked the wording to avoid repetition and help it make sense. I was offended that the registrar was unimpressed. So, at my employer’s suggestion, I phoned Registrar John Earles and asked him for clarification. He said I ought not to have changed the wording. I explained that, at law school, we were told not to follow precedents slavishly and to reword them if appropriate. The Māori Land Court had been quite happy with my reworded applications for succession. I thought the High Court would be similarly amenable to having the probate forms reworded…. After 3 initial years as a staff solicitor, when I worked with many deceased estates, I became a barrister sole. From then on, I was side-tracked into the Family Court and other litigation. I did no more probate work. About 8 years ago, my husband and I moved south, from Cambridge (Waikato) to Oxford (North Canterbury). Someone local asked me to help them with letters of administration because, they said, they could make no sense of what various lawyers were telling them. I did, and I rediscovered how much I enjoyed it! I was intrigued by the prospects of using automation to deliver legal services; and I wanted to develop ‘unbundled legal services’ where clients acted for themselves with specific legal assistance when needed. This is coming together in Kiwilaw, where my small team and I provide specialised services in document preparation for probate and letters of administration. We provide unbundled services for executors or would-be administrators, unless they are overseas and need me to act on the record. I also provide a semi-automated document-preparation service for solicitors who prefer to outsource the drafting of their applications for grants of administration while retaining the clients and doing the conventional estate-administration work. In this presentation, I draw on that experience – hundreds, probably a couple of thousand – of probate applications, including home-made wills, will-kit wills, Public Trust wills, lawyer wills, overseas wills, foreign-language wills, invalid wills, and – of course – situations where there is no will.