Trusts & Estates Conference
Thursday 18th August at the Stamford Plaza, Auckland.
CPD 6 Hours
Clayton and beyond
The Clayton decisions were much heralded reviews of the law relating to trusts and their sanctity or otherwise. This session will provide an update on the essential take outs for practitioners including the impact of section 182 of the Family Proceedings Act, clauses in trust deeds that are red-carded and tips on trust based asset planning for the future.
Jane Hunter, Barrister
Flags as to when your client is losing capacity
During this session we will look at the practical steps for practitioners to take both before and after incapacity is determined.
Alison Gilbert, Partner, Brookfields
International trusts established by New Zealand and foreign settlors: their on-going relevance in the new age of tax transparency and disclosure
This session will consider the continuing usefulness of international trusts (those established by foreign settlors in New Zealand and those established by New Zealand settlors overseas) in light of the Panama Papers, the new requirements for transparency and disclosure, and any subsequent reforms in New Zealand
Denham Martin, Lawyer
Will challenges – what is the executor to do?
Family protection, testamentary promises, PRA, testamentary capacity and undue influence are some of the more common claims against estates. There may be drafting problems with a will. The proper response by an executor to each of those claims or problems is different: different duties and roles. This paper will explain:
- proper responses by the executor depending on the type of claim or will problem
- time limits
- the boundaries of executorship
- the executor’s position in a settlement of a claim.
Stephen McCarthy, Barrister
Digital Technology and Estate Planning
Digital technology is rapidly changing our lives and entire industries. This session will be about the key megatrends driving behaviour, which will directly or indirectly impact your practice along with Lincoln’s experiences at Perpetual Guardian and the establishment of Kowhiri, a leading provider of will writing software. Key themes include:
- The wide usage of the internet by New Zealanders
- The rise of mobile devices such as iPhones
- The influence of the cloud and big data
- The prevalence of social networking
- Artificial intelligence is now on the radar
Lincoln Watson, Chief Operating Officer, Perpetual Guardian and Kowhiri
Beneficiary Rights and Trustee Obligations in the light of Erceg v Erceg
The decisions in the on-going Erceg v Erceg matter have major implications both on the rights that beneficiaries can assert against trustees and on the obligations that trustees owe those same beneficiaries.
This paper will consider those rights and obligations, examining both the theoretical frameworks adopted by the Courts and the practical outcomes those dictate for trustees and beneficiaries.
Isaac Hikaka, Partner, Lee Salmon Long
A practical look at trustee retirement with the assistance of the courts
In this session Vicki Ammundsen will discuss how trustees are removed (and appointed) with the assistance of the Court. The session will have a practical focus and will consider how applications for the retirement and appointment of trustees are made together with a discussion of matters that need to be taken into consideration.
Vicki Ammundsen, Director, Vicki Ammundsen Trust Law
Health and safety for trustees
Richard Broad from Perpetual Guardian and Grant Nicholson from Kensington Swan will explain the new Health and Safety at Work Act, and what it means for trusts and trustees. Grant will give an overview of the new legislation, including who has duties and what those duties are. Richard will then put the duties of trustees under the Act into a practical context using real life scenarios faced by trustees to show what to do (and what not to do).
Grant Nicholson, Partner, Kensington Swan and Richard Broad, Head of Legal, Perpetual Guardian
Residential Care Subsidies – the Financial Means Assessment and implications for Trusts
Social Security law does not interface well with Trust law. And now there are changes afoot. Providing Trust advice requires an understanding of residential care subsidy (RCS) issues and how the FMA works. Clients have a significant interest in developments in this area. This session provides an overview of the scheme and uses practical examples to demonstrate some of the more complex Trust vs. RCS issues.
Theresa Donnelly, Senior Solicitor, Ministry of Social Development