Trust Series 2024 - Drafting Guidelines for Memoranda of Wishes - 11 September 2024

Description

Unlock the power of effective trust management: Join our webinar to master the art of drafting precise memoranda of wishes, complete with case law insights and expert Q&A!

A memorandum of wishes (also called a letter of wishes or letter of guidance) is a mechanism by which a settlor can attempt to exert residual influence over the management of the assets the settlor has sacrificed control of. As noted in Breakspear v Ackland [2009] Ch 32:

“The defining characteristic of a wish letter was that it contained material which the settlor desired that the trustees should take into account when exercising their … discretionary powers.”

While memoranda of wishes are a common feature of trusts, many are poorly drafted or fail to properly convey the settlor’s wishes.

HIGHLIGHTS
This webinar, which will include a comprehensive workbook that canvases relevant case law and concludes with a question and answer section will provided detailed guidance on how to draft effective memoranda of wishes.

WHY ATTEND
Memoranda of wishes are commonly, but not always pro forma documents that may, or may not fully canvas a settlor’s considered wishes.

This insightful and practical webinar, which will consider contemporary matters relating to memoranda of wishes and will include a precedent memorandum of wishes, will also consider the opportunities a good memorandum of wishes can afford and the dangers of a poorly crafted memoranda of wishes.

ORIGINAL BROADCAST DATE

11 September 2024

LEARNING OUTCOMES

Attendees will learn:

  • The indicial of a memorandum of wishes
  • How to draft a clear and relevant memorandum of wishes
  • Whether trustees can comply with the settlor’s intentions as expressed in a memorandum of wishes
  • Factors to consider regarding disclosing a memorandum of wishes to beneficiaries. 

SUITED TO

This webinar is targeted at all practitioners at all levels but will be of particular interest to practitioners who advise clients who are establishing new trusts or who deal with on-going trust administration (including lawyers, accountants and professional trustees).

PRESENTER

Vicki Ammundsen, Director, Vicki Ammundsen Trust Law Limited.

Vicki is a director at Vicki Ammundsen Trust Law. Vicki's approach to trust law is practical but also grounded in a good understanding of trust law principles, related legislation and case law. As the author of a number of texts including Taxation of Trusts, the Trustee's Handbook and Trustee Liability, Vicki is well placed to provide advice on all areas of trust law.

1.5 CPD Hours

  • On Demand Event
    • Free
    Complete online in your own time (Self-paced)
    • Free

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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.