Chair: Andrew Steele, Partner, Martelli McKegg
Courteney v Pratley and Re Beddoe – an examination of trustees’ rights to have litigation costs paid for out of the trust fund
We will look at the principles of when trustees can have litigation costs paid for out of the trust fund, in what circumstances they should apply to the court for approval and whether it is appropriate to defend “hostile litigation”.
Jeremy Johnson, Partner, Wynn Williams
Changing the unchangeable – Variation of Trusts
A detailed paper on the circumstances in which trusts may be varied where there is no express power of variation. This will include discussion about the recent case of Ash v Singh in which a purported variation was found to be void.
Sandra Grant, Barrister
Advising mature clients – Residential Care Subsidies and their wider context
New Zealand has a rapidly aging population. We have a new coalition government, with New Zealand First as a coalition partner. Advising mature clients has become more complex than ever before. There are are many inter-weaving impacts in asset and estate planning that clients need to be fully informed about. One of the more contentious Elder Law issues in recent times has been who should pay for the costs of care for those in geriatric long-term rest home care. People advising in this space need to understand the impact, developments and potential future focus in regard to Subsidies.
This session will being practically focused and include discussions on:
Theresa Donnelly, Senior Solicitor, Public Trust
Taxation of Trusts – Current Issues
This session will consider some of the practical issues arising for trusts under the bright-line test, including nominations involving trusts, whether a change in trustees “restarts the clock” and the application of the main home exclusion to trusts.
This session also considers Inland Revenue’s recently-released interpretation statement on the taxation of trusts, including the tax treatment of “dual status trusts” (i.e. trusts that are both “foreign trusts” and “complying trusts”), and the tax treatment of distributions from non-complying trusts.
Stephen Tomlinson, Partner, Tomlinson Law
Trustee appointment and retirement in practice
This session considers the appointment, removal and retirement of trustees in a practical context with reference to the role of the appointor and protector.
Vicki Ammundsen, Director, Vicki Ammundsen Trust Law
The Wills Act after 10 years and the evolution of the courts “dispensing power” provided under the Act
A brief look back at the provisions introduced by this Act, some notable decisions and a look at the practicalities involved with making an application for an order under the Act.
John Earles, Registrar, High Court of New Zealand
Estate Planning for Blended Families – Anticipating the challenge and providing for the future
This session will focus on the main options available for assisting clients engaging in estate planning and seeking to find the balance between providing for their partner while also considering their obligations to children of prior (and current) relationships may benefit. It will trace the common pitfalls, the means by which various parties interests can be protected or limited and the likelihood of challenges to the various methods. The session will have a focus on practical advice and guidance towards preparation of the documents and the means by which any future challenge may be addressed.
Timothy Orr, Associate, Martelli McKegg
Memoranda of wishes: Should you be careful about what you wish for?
Issues for trustees and practitioners arising from recent New Zealand cases.
Stephen Law, Senior Associate, TGT Legal
Best Practice session - Capacity links – As advisors, what can we do and not do to be helpful
Case and file notes. ‘No one knew what they were thinking…’ Turner v Coombe; Clement v Lucas.
Zara Matheson, Barrister
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