Trust Series 2022 – Capacity in the Wider Trust Context - 23 March 2022 (On Demand)

Description

Testamentary capacity and the relevant indicia is largely well understood. However, the requisite capacity to settle a trust, draft or update (or revoke) a memorandum of wishes or to exercise appointor powers is less clear cut.

In GB Trustees Limited v Stock [2021] JRC 048 the Court stated at [69]:

“The wishes of a settlor are always a relevant consideration, but the trustee must guard against the possibility that a particular settlor’s wishes are based upon an unreasonable animus against a particular beneficiary because if so, the trustee might conclude that little weight should be given to those wishes as against other factors…”

This webinar will pose the question, when does unreasonable animus cross over the line of incapacity?

HIGHLIGHTS

The webinar, which will conclude with a question and answer section, will also consider capacity by refence to case law and the relevant legislation.

Topics covered will include:

  • The requirements of a valid trust
  • Relevant tests of capacity
  • Settlor capacity – both as a named or economic settlor
  • Capacity to make or update a memorandum of wishes
  • Exercising powers to appointing and remove beneficiaries
  • Exercising powers to appointing and remove trustees
  • Making a will that appoints beneficiaries or trustees or assigns powers of appointment
  • Making, updating and revoking memoranda of wishes, and
  • Exercise of wider trust related powers by an attorney under an enduring power of attorney

WHY ATTEND

Capacity is a commonly considered aspect of the ability to make a will or act as a trustee but is commonly overlooked in the wider exercise of trust related decisions, rights and powers.

ORIGINAL BROADCAST DATE

23 March 2022

LEARNING OUTCOMES

Attendees will learn:

  • The fundamentals of capacity for trust purposes
  • How to address capacity with clients
  • Appropriate record keeping, and
  • Capacity warning signs

SUITED TO

This webinar is targeted at all practitioners at all levels but will be of particular interest to practitioners who advise trustees or beneficiaries.

PRESENTER

Vicki Ammundsen, Director, Vicki Ammundsen Trust Law Limited.

1.5 CPD Hours

  • On Demand Event
    Complete online in your own time (Self-paced)
    • $215.00 excl. GST

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One-connection-one-fee

Our webinars operate on a 'one-connection-one-fee' basis so you can have your whole team participate for one cost effective price and claim CPD points.

Recordings

All registrants to a live webinar will automatically be sent a recording at the end of that week along with a full transcript of the webinar, regardless of whether you attended or not.

Sole practitioners

A discount on webinars is available for sole practitioners. Please contact us at NZ‑learning@wolterskluwer.com to confirm eligibility.