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Trusts & Estates

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Click on the below headings for more information.

Overseas Investment: The Changing Landscape | 1.5 CPD hours

Over a year has passed since the shake-up of New Zealand's overseas investment laws. What does the landscape look like and what are the challenges facing practitioners and their clients going forward? What lies ahead for Phase Two and beyond?

In a complex area of law, where errors can have significant effects, presenters from the Overseas Investment Office with expertise across a range of aspects of the regime provide guidance on how to safely navigate this area and share their insights into key topics and the process for getting consent.


Learning outcomes:

  • Become more familiar with the Overseas Investment regime, its processes, timeframes that need to be factored in and key drivers for getting consent.
  • Gain insights into how you might be able to do things more effectively.
  • Develop a better understanding of key issues that cause problems for practitioners and their clients, such as residential applications, developers' exemptions, the meaning of 'associate', the threshold for national benefit and the counterfactual test.
  • Learn more about what lies ahead for the regime and the part legal professionals play in it.

Who should view?

The Overseas Investment regime is critical knowledge for every legal professional involved in domestic, commercial and rural conveyancing, as well as overseas investment in key industries.


Feedback from previous attendees:

  • Informative across the Act and the upcoming changes.
  • Very interesting.

More information...

Retirement Villages and Residential Care | 2 CPD hours

Retirement villages, one of the fastest growing industries in New Zealand, may also be one of the most challenging to advise on, especially the overlap with residential aged care and the right to receive care services in a village setting.

This complex and specialised area of practice means that legal advice should be provided by lawyers who know how retirement villages and residential care operate and who remain current with developments in this area.

This On Demand session considers some of the areas where lawyers need to be especially vigilant when giving advice to clients and provides insights into how best to engage with clients in order to protect their interests.


Learning outcomes:

  • Learn more about some of the areas where agreements between providers may vary and how to be sure that these are considered when providing advice as well as the core provisions that need to be carefully considered when assisting clients.
  • Gain a better understanding of issues to be aware of in relation to transfers within a village.
  • Learn more about the legal interface between retirement villages and residential aged care and distinguishing between them.
  • Gain a better understanding of best practise and how to communicate with elderly clients.
  • Gain a better understanding of issues to be aware of in relation to transfers within a village, in particular, the extra cost implications of deferred management fees and aged care premium room charges.

Who should view?

All those who advise or may in the future advise clients on retirement villages. Those practitioners who practise elder law may also find this useful.


Feedback from previous attendees:

  • Another well presented and topical seminar.
  • Very relaxed and interactive delivery. I found the capacity issues very useful. I also found the linkages between Retirement Village and Residential Care very useful and gave good food for thought.
  • Interesting presentation and clear delivery.
  • Great information all contributors were obviously experts in this field.

More information...

New-look Societies and Trust Board Registers - What you need to know | 1 CPD hour

A Companies Office representative guides you through the changes to the new registers for incorporated societies and charitable trusts, and provide a heads-up as to what's ahead.

The incorporated societies and charitable trusts registers were migrated to a new platform in September this year. The new platform now provides a new look and feel to the registers that is more consistent with our other Companies Office websites, offers a range of new online services for our customers, as well as increased security.

While the new register is more user-friendly, you will benefit from some guidance about what's changed. This On Demand session helps smooth the transition.


Learning outcomes:

  • Find out the key changes to the societies and trusts websites - how you will access and use the registers.
  • Learn about how applications are processed in the new system.
  • Gain insights into how the new registers can increase your productivity and save you time, so you can get back to 'real law' more quickly.

Who should view?

Any legal professional who deals with incorporated societies and charitable trusts: general practitioners, commercial lawyers, legal executives, etc (regardless of the level of experience). Those with holding responsibilities for such bodies, such as office holders and accountants, would also benefit from viewing.


Feedback from previous attendees:

  • Informative.
  • All aspects were delivered well - content, technical and presentation.
  • Good slides

More information...

Are you Trust Fit? Things to do Before the Trusts Act 2019 Comes into Force | 2 CPD hours

Presented by the ADLS Trusts Committee this On Demand seminar is a summary of all the problem areas lawyers should be looking at, with the aim of giving practitioners an action plan prior to the Trusts Act coming into force on 30 January 2021.

There are three important phases that lawyers have to consider:

  • Reviewing all individual trusts and core documents - are they fit for purpose? If not, what is recommended?
  • Having meetings with the trustees of each trust to take them through the issues and make decisions on action needed. Especially important for non-lawyers/accountants who are trustees.
  • Advising trustees on what trust information to keep, how to keep it and what must be given to beneficiaries, including how to deal with mandatory disclosure to and trust information requests from beneficiaries. Discussing the continuing influence of the Supreme Court's guidance in Erceg v Erceg and guiding trustees on the perils and pitfalls of the new disclosure regime.

This On Demand session addresses what you need to do in order to conduct this trust fitness for purpose audit.


Learning outcomes

  • Develop a better understanding of how lawyers can assist trustees with getting to grips with their new responsibilities under the Trusts Act.
  • Learn more about some of the problems you need to avoid and how to overcome them.
  • Understand better how the new Trusts Act will affect trustee behaviour.
  • Gain practical tips on how to ensure you're ready for implementation of the Trusts Act on 30 January 2021.

Who should view?

All lawyers who act as independent trustees and all practitioners who advise trustees on their duties and obligations.


More information...

Arbitration in Action: Principles, Process and Practicalities | 2 CPD hours

Arbitration is defined as the private determination of a dispute, by an independent third party. Yet the process is not so well understood.

This practical work-through, using a common fact scenario, sheds light on the arbitration process, from start to finish, so that attendees can feel more comfortable about choosing and conducting this ADR option which is being used more often and across a diverse range of disputes.


Learning outcomes

  • Become more familiar with the phases of the arbitration process, including appointment of the arbitrator, the anatomy of the pre-hearing conference, how costs are dealt with.
  • Gain insights into how the arbitration process can be tailored to the needs of the parties and the particular dispute (including the form of arbitration) - and when other forms of alternative dispute resolution might be more suitable.
  • Get a better feel for the range of issues that can arise during the arbitration process, including ethical matters.
  • View portions of a mock arbitration in action, conducted by those very experienced in this forum, so that you feel better prepared for your next one.

Who should view?

Litigators at junior to intermediate level who are, or may be involved in, arbitrations from time to time and those more senior seeking a refresher/updater.

Commercial lawyers involved in negotiating and drafting arbitration/dispute resolution clauses.

Property lawyers who may have involvement with arbitrations from time to time and general practitioners with involvement in arbitrations/drafting such clauses.


Feedback from previous attendees:

  • Format was great.
  • Good presenters, could hear them easily and follow the process.

More information...

Giving it Away Before Death: The Ins and Outs of Gifting | 1 CPD hour

Gifting as an estate planning tool or as a way of assisting children into the property market is increasingly common.

This On Demand session looks first at what needs to be done to make a valid gift and issues such as the mental capacity to do so.

It also focuses on how to deal with undue influence from family members wanting gifts made in their favour and issues that arise in respect of relationship property, the Family Protection Act 1955 and the Law Reform (Testamentary Promises) Act 1949.

This On Demand webinar is based on the session on gifting at Cradle to Grave 2019.


Learning outcomes

  • Learn more about the requirements for making a valid inter vivos gift including the intention of the donor, the acceptance of the donee and delivery, whether actual or constructive, of the property to the donee and what happens in the case of an imperfect gift.
  • Understand better the issues relating to the forgiveness of debt and the differences between forgiveness inter vivos and testamentary forgiveness.
  • Gain insights into ways of challenging a gift after the donor's death including undue influence and relevant statutes.

Who should view?

All lawyers involved in trusts, property, estate planning and the administration of estates.


Feedback from previous attendees:

  • Very good coverage and raised issues that are directly relevant to my practice.
  • Very clear and concise.
  • The presentation was delivered informatively.
  • Excellent topic and delivery.
  • Very good PowerPoint. Easy to follow.

More information...

Trusts for Today | 1 CPD hour

Many lawyers will have dealings with trusts whether acting as trustees, providing clients with advice or drafting trust deeds. Understanding trusts and keeping up to date with developments in trust law is therefore essential.

This On Demand session provides insights into trusts generally and what lawyers need to do to ensure existing and future trusts (in light of the Trusts Bill being passed) are fit for purpose.


Learning outcomes:

  • Learn more about the issues that may arise with existing trust deeds as a result of recent case law development, and how to use powers to vary and update trust documentation.
  • Gain insights into the makeup of trustees, who the beneficiaries are, the need for unanimity and the implications of this for trustees.
  • Understand better the requirements for the diversification of investments under s 13D of the Trustees Act 1956, and the problems that may arise from self-interest, self-dealing and conflicts of interest and how these may be affected by the Trusts Bill.

Who should view?

Junior and intermediate lawyers involved or likely to be involved with trusts. It may serve as a useful refresher for more senior trust practitioners.


Feedback from previous attendees:

  • That was one of the best CPD I've attended. Practical, informative and interesting.
  • The main issues of trust were very well identified. It was practically useful
  • The webinar was very clear and concise, the print outs were very useful also.

More information...

Residential Care Subsidies after Broadbent - Where to from here? | 1.25 CPD hours

What does the recent Court of Appeal decision in Broadbent really mean for residential care subsidies, and how should practitioners be advising their clients in the light of it?

This On demand session provides insights into the decision (it doesn't answer everything), its effect on residential care subsidies, and where applicable, guidance on advising clients going forward.

The question as to whether greater consideration needs to be given to benefits from assets gifted to trusts or sold with a debt back that is forgiven is also considered.


Learning outcomes

  • Learn more about the findings in Broadbent, whether it has really changed anything, and its implications for clients.
  • Understand better how the Security Appeal Authority might determine an appropriate calculation methodology.
  • Gain insights into what interest calculations on debt back may look like.

Who should view?

All lawyers practising in the area of family, trust and elder law.


Feedback from previous attendees:

  • The discussion between Vicki and Theresa was really interesting and easy to follow. They both explained complicated aspects of the topic in plain English and concentrated on highly relevant issues.
  • Excellent and comprehensive paper, and the webinar logically followed the paper, but picked up on certain points or summarized other points.
  • Handouts are excellent resource materials. Presenters were excellent.

More information...

Trusts: Winding-up without Getting Wound Up | 1 CPD hour

The winding-up of a trust, whether for a specific reason or just that the permissible lifespan has been reached requires certain formalities and procedures to be followed.

This On Demand session looks at the various reasons why a trust may be wound-up and the different ways that this can be achieved. In addition, it highlights the principal issues to bear in mind including the question of indemnity, and address some of the practicalities that need to be dealt with.


Learning outcomes

  • Learn more about the reasons why trusts may be wound-up for example, in accordance with compliance regimes, to obtain residential care subsidies and when the objectives of a trust have been achieved.
  • Understand better the ways in which trusts may be wound-up relying on the power of revocation, winding-up orders, the principle in Saunders v Vautier, the vesting of the trust in terms of the Trust Deed and at the exercise of the trustees' discretion.
  • Gain insights into the practical issues, including tax and accounting, trustees' liabilities, conflicts of interest and seeking orders, that arise when trusts are wound-up.

Who should view?

Trust lawyers, litigators and all other lawyers who advise on trust matters

*Please note that this webinar was previously presented as part of the Cradle to Grave Conference 2018


More information...

Litigation Guardians - Looking After Others and Looking After Yourself | 1 CPD hour

Litigation guardians are appointed to protect the processes of the Court and to ensure that the interests of a litigant who has impaired capacity are protected against the disadvantage that the litigant would otherwise be under.

This On Demand session discusses the appointment process, the scope of the role, its risks and responsibilities and the relevant law.


Learning outcomes

  • Learn more about the appointment process and what factors should trigger the appointment of a Litigation Guardian.
  • Learn more about the scope of the role and the inherent responsibilities and risks.
  • Gain a better understanding of the relevant legislation and recent case law.

Who should view?

This session is relevant to all litigators, especially those practising in the areas of family law, mental health, lawyer for child, elder law and estate work.


More information...

The Administration of Estates: Dealing with those Thorny Issues | 1 CPD hour

The Administration of Estates is often a matter of routine, but increasingly more complex or tricky situations arise.

This On Demand session looks at some of the more difficult scenarios that may face practitioners in this area of law and offer guidance on how to deal with them.


Learning outcomes

  • Understand better what triggers vesting and the implications of this for estates.
  • Gain insights into issues such as the effect of domicile on the administration of estates, the rights of residuary beneficiaries and the question of precedence in respect of Section 21 Property Agreements and conflicting provisions in a will.
  • Learn more about what happens in situations where a joint borrower dies, and the property is owned as tenants in common and whether a residuary beneficiary can be forced to take an in specie distribution.

Who should view?

All lawyers involved in estate administration, particularly junior to intermediate practitioners and legal executives.


More information...

The New Overseas Investment Regime: It's not just for Specialists | 1.5 CPD hours

From 22 October 2018, substantial changes to the Overseas Investment regime will come into effect and will be relevant to lawyers in a wide range of practice areas.

The changes mean that certain overseas residents will be unable to buy or build a home in New Zealand, but there will be opportunities to buy residential land and increase New Zealand's housing stock.

Anyone buying a home will have to state whether they are eligible to buy under the Overseas Investment Amendment Act 2018. That is New Zealanders, Australians, Singaporeans, and overseas people - everybody.

This On Demand session looks at how to determine a client's residency status, the special rules applying to Australian and Singaporean purchasers, as well as the role of conveyancers who face severe financial penalties for not retaining records of their client's statement.


Learning Outcomes

  • Understand better the changes to the overseas investment regime and how to maintain a smooth flow of residential property transactions
  • Gain insights into the difficult issues such as trust ownership and relationship property, among others, that may arise under the new Overseas Investment regime.
  • Learn more about the Residential Land Statement and purchaser eligibility, the exemptions that are available and the fees and timeframes involved, as well as where to go to get assistance for you and your client.

Who should view?

The Overseas Investment regime is now critical knowledge for every lawyer involved in domestic conveyancing, as well as overseas investment.


More information...

Retirement Villages: Advising on the Wisdom of the Transaction | 2 CPD hours

Retirement villages, one of the fastest growing industries in New Zealand, may also be one of the most problematic when advising clients making the move.

This On Demand session considers some of the areas where lawyers need to be especially vigilant when giving advice to clients and will provide insights into how best to engage with clients in order to protect their interests.


Learning outcomes

  • Gain insights into how best to engage with clients, assess their particular circumstances both financial and personal, and tailor your advice to suit them.
  • Learn more about some of the areas where agreements between providers may vary and how to be sure that these are taken into account when providing advice as well as the core provisions that need to be carefully considered when assisting clients.
  • Understand better the possible contingencies that may arise once a client enters into a retirement village and how advice at an early stage can avoid problems later.

Who should view?

All those who advise or may in the future advise clients on retirement villages. Those practitioners who practise elder law may also find the seminar useful.


More information

The Administration of Estates: Practical Considerations | 1.25 CPD hours

There is an increasing readiness to challenge wills and the decisions of executors. Therefore, it has never been more important to handle estate administration professionally and carefully.

This On Demand session covers the essentials of estate administration, a discussion of the 'problems' that can arise in the course of administration (legal and non-legal), the issues that need to be thought through and when an estate can be distributed in a different way.

With more estate administration work being given to junior solicitors, practitioners need to keep up-to-date with the unique challenges this work has to offer to ensure clients receive sound advice.


Learning outcomes

  • Understand better the role of the executor/administrator during their executorship including getting family consent, funeral arrangements and preparing distribution statements as well as the executor's discretion and how to manage multiple executors.
  • Gain insights to issues such as how best to deal with family dynamics and how to avoid litigation if possible.
  • Learn more about the potential problems that might arise in respect of distributions to overseas beneficiaries including potential tax implications and compensation in lieu of chattels as well how best to utilise a deed of arrangement to achieve a different distribution of the estate.

Who should view?

All lawyers involved in estate administration, particularly junior to intermediate practitioners and legal executives.


More information...

Family Business Succession: Asking the Right Questions | 2 CPD hours

Globally around 80% of businesses are family owned and run. In New Zealand and globally, only 25 to 30% of businesses are successfully transferred to the second generation. Creating a succession plan that works best for all family members involved requires a multi-disciplinary approach.

There isn't a master plan that suits everyone, but rather each client will require their own bespoke approach.

This On Demand session takes a holistic approach to planning for family business succession by highlighting the issues you need to address, questions you should be asking and the different advisers you should be engaging with.


Learning outcomes

  • Gain an increased understanding of 'Better practice' for good governance and its role in succession.
  • Learn more about the different aspects of succession and receive practical advice on what you need to do to in order to create an effective exit plan.
  • Gain insights on strategies and suggestions for dealing with the challenges of advising a family business.
  • Receive an introduction to The System's Theory Model of Family Business.

Who should view?

All lawyers representing owners of small businesses. Accountants, trust lawyers and those involved in estate planning may find this useful.


More information...

Constructive Trusts: A Deconstruction | 2 CPD hours

Constructive trusts in various guises have become increasingly common as a cause of action in litigation and in doing so have created a level of uncertainty in the area of trust law.

This On Demand session looks at what constructive trusts actually are and their uses (and possible abuses) in practice.


Learning outcomes

  • Understand better what constructive trusts actually are, the forms they may take (institutional and remedial), and how they differ from other types of trusts.
  • Gain insights into how constructive trusts are employed as a cause of action and the role they may play in relationship (and other) property disputes.
  • Learn more about the increasing imposition of constructive trusts over express trusts and the consequences of this for beneficiaries and other interested parties.

Who should view?

Relationship property and trust litigators, general practitioners, trust and estate planning lawyers, legal executives and all lawyers who act as Professional Trustees.


More information...

Probate and Letters of Administration: Getting them Right | 1.25 CPD hours

Applications for Probate and Letters of Administration are commonplace for many lawyers. However, there are numerous traps with both which can trip up even the most conscientious practitioner.

Ever increasing globalisation and ease of movement has seen will-makers making two or more wills dealing with property abroad while incapacity, separated spouses/de facto partners and intestacies involving complex estates all contribute to what can be a legal minefield.

This On Demand session provides lawyers with a useful refresher on getting applications right the first time with an emphasis on practical matters commonly arising today.


Learning outcomes

  • Better understand the drafting requirements for probate documents including what information is required, the common errors in such applications as well as the procedure for re-applying in the event of a rejection of an application by the High Court.
  • Gain insights into how best to deal with substituted executors, the clearing off of instituted executors and applying for a copy of a will to be admitted into probate.
  • Learn more about how to deal with foreign jurisdictional matters including applying for letters of administration where the deceased was domiciled overseas.
  • Understand what should be covered off in your advice regarding the s 61 notice of choice of option, issues around surviving spouses/partners succeeding on intestacy and how they may disclaim their interest to allow someone with a lower priority to inherit, and the process for an executor to appoint an attorney to obtain probate/administration.

Who should view?

Junior to intermediate lawyers and legal executives wanting a more thorough understanding of this area of law. More senior practitioners may find this useful as a refresher.


More information...

Lawyers for Subject Persons | 2 CPD hours

Acting for Subject Persons is a fast growing area of law. This is the result of an aging population and the fact that a larger number of young people are requiring the assistance of lawyers.

This On Demand session covers a number of the central issues facing practitioners in this role including the crucial question of capacity, statutory duties, dealing with the Court, as well as the responsibilities of property managers and welfare guardians.


Learning outcomes

  • Understand better the requirements of section 65, the application process for the lawyer for Subject Person, when it is appropriate to appoint a lawyer to assist and, from a practical perspective, how best to deal with historic issues of incompetence, self-litigants and the duties to keep the Court informed.
  • Learn more about the central issue of capacity and the role of the psychiatrist/specialist in assessing it, the definition of thresholds, wholly and partially diminished capacity, and the traps and red flags to be aware of in interviews with clients.
  • Gain insights into the role of property managers and welfare guardians, the powers that come with the appointment and the difficulties that often arise.

Who should view?

All lawyers who act for Subject Persons and those who wish to expand their practices to include this area of law. Family and mental health lawyers may also find the session useful.


More information...

Best Practice for Tailored Succession Planning | 1 CPD hour

Rural properties (including farms) stand apart from other realty and income-generating assets in that they are frequently the culmination of lifetime investments, driving significant emotional attachment.

These factors, together with the increasingly complex nature of families, mean that careful attention and expertise are required when advising such clients on succession planning matters.

With focus on both legal and financial aspects, this On Demand session equips lawyers with knowledge of how best to advise rural and farming clients according to their individual needs when planning their future, that of the farm and their children.


Learning outcomes

  • Gain an increased awareness of what information is relevant when advising on a succession plan.
  • Increase your understanding of financial factors to consider when deciding on a succession plan.
  • Learn more about the various succession planning vehicles available and the advantages and disadvantages of each.

Who should view?

Junior to intermediate rural lawyers and property lawyers of any level who may occasionally be involved with advising rural (including farming) clients on their succession planning matters.


More information...

Trust Law: The Future After Clayton and Erceg | 2 CPD hours

Recent decisions from the Court of Appeal (Erceg) and the Supreme Court (Clayton) have both changed and clarified key aspects of trust law in regard to the rights of beneficiaries to seek information from trustees, when assets held in trusts may be considered to be relationship property and what constitutes a nuptial settlement for the purposes of section 182 of the Family Proceedings Act 1980.

This On Demand session looks at how the cases have changed the trust landscape as well as offering suggestions on how to adapt to, and deal with, the resulting developments.


Learning outcomes

  • Learn more about trustees' discretion to grant a beneficiary's request for information and the effect on this discretion of a settlor's desire for confidentiality.
  • Gain an understanding on how the trustees' discretion may differ in other contexts i.e. towards beneficiaries under a will trust or claimants under the Family Protection Act 1955 or the Law Reform (Testamentary Promises) Act 1949.
  • Gain an understanding of when the Courts may consider trust powers to be relationship property and how the principles may be extended both within the family law context and outside it, for instance, in insolvency and creditor claims generally.
  • Gain insights into how practitioners may frame trust deeds to avoid unexpected consequences of the Erceg and Clayton Judgments.

Who should view?

Trust, family and property lawyers, litigators and all other lawyers who advise on trust matters.


More information...

Independent Trustees: Avoiding the Perils of Personal Liability | 1 CPD hour

The role of the independent trustee appears to be increasingly onerous. The consequences of even minor oversights can be severe and can cost a trustee dearly, both financially and professionally.

Understanding the duties and obligations associated with being a trustee, and how best to ensure compliance with those duties and obligations, is crucial for lawyers acting as trustees and advising clients taking on the role of trustee.


Learning outcomes

  • Develop a better understanding of a trustee's duties including knowing the Trust Deed and dealing with beneficiaries and the possible consequences of a breach of these duties.
  • Learn more about how to educate clients about the duties and obligations of being a trustee.
  • Understand better the limitation of indemnities as well as how trustees may become liable to the IRD and other third parties.
  • Gain further practical tips on best practice and how to avoid potential problems.

Who should view?

All lawyers who act as independent trustees and all practitioners who advise trustees on their duties and obligations.


More information...

The Reviewable Attorney - Enduring Power of Attorney Update | 1 CPD hour

Enduring Powers of Attorney were intended to be a low-cost proactive solution to managing incapacity. They are a 'stock item' in most law firms, and yet '[t]here is much confusion and misinformation about [them]'. (2014 Report of the Honourable Jo Goodhew, Minister for Senior Citizens reviewing amendments to the PPPR Act.)

As baby boomers age and incapacity burgeons, attorneys are increasing being challenged in the exercise of their role in the courts.

This On Demand session enables practitioners to consider the - how to - of an application for review of the actions of an attorney acting under an EPA in light of recent case law, and provides useful guidance on steps to take when drafting EPAs to reduce the possibility of review of attorney actions in future.


Learning outcomes

  • Become familiar with 'red flags' triggering a review of an attorney's conduct and how to make an application for review.
  • Receive tips on how to deal with complaints about an attorney.
  • Become familiar with the different thresholds of legal and medical incapacity for EPA.
  • With reference to recent case law, update your knowledge on the legal tests for applications for review of attorneys' actions.

Who should view?

General practitioners, family lawyers and other lawyers and legal executives who prepare EPAs, act as attorneys or who encounter EPAs as part of their practice.


More information...

Where There's No Will There's A Way: Intestacy Refresher | 1 CPD hour

Not everyone makes a will.

This On demand session updates you on what to do if one of your clients dies intestate or partially intestate.


Learning outcomes

  • Review the various ways intestacy can arise: no will, partial intestacies and the limits of the will.
  • Revise the law relating to letters of administration, when to apply for them and how.
  • Find out about how intestate estates are distributed both under the Administration Act and by the courts.
  • Gain some insights into the distribution of intestate estates and how distribution can be challenged.

Who should view?

General practitioners and legal executives.


Feedback from the live event

  • This was an extremely useful presentation - good examples and the paper was well referenced so very helpful for researching.
  • Very informative and helpful with regards to rules and legislation which applies. Thank you to presenters.

More information...

Pitfalls Around Trustees' Execution of Contracts: Cases and Practical Advice | 1 CPD hour

Many lawyers are involved in transactions entered into by trusts in their capacity as independent trustee (either alone or through a firm corporate trustee structure), or otherwise advise client trustees on agreements for sale and purchase of properties.

Recent case law highlights that parties to transactions continue to seek to avoid agreements which have not been executed by all of the trustees who are either conveying or acquiring a property. In New Zealand an estimated one in four persons has a connection to a trust, making it essential that practitioners remain updated in this area.

This is an excellent opportunity to receive practical guidance from recognised experts in the field.


Learning outcomes

  • Become updated in recent case law developments in this area.
  • Gain insight from the litigator's and transactional lawyer's perspectives on how to challenge and defend claims arising out of non-execution of agreements by all trustees of a trust.
  • Receive practical guidance on what to do if approached 'after the fact' with a contract signed by some, but not all, trustees.

Who should view?

Property and commercial lawyers, property law litigators and general practitioners, particularly those who are involved in trusts as independent trustees.


Feedback received from previous attendees

  • On Demand recorded webinars are the way of the future.
  • I love the convenience of being able to stay at my desk and learn!
  • Love On Demand with the interactive CPD component. Very user friendly and I am able to do outside of normal office hours and at home.

More information...

Probate and Administration Matters | 1 CPD hour

Want to get probate granted efficiently? Curious about how the High Court processes probate applications? Keen to protect yourself against new and emerging administration risks?

This On Demand session is for you.


Learning outcomes

By watching this On Demand webinar you will learn about:

  • the 10 worst mistakes lawyers make in probate applications and how to avoid them;
  • how probate is processed in the newly centralised Wellington system;
  • the most common unusual probate and administration situations and how to deal with them;
  • new New Zealanders and their wills;
  • recent case law concerning the lawyer as executor; and
  • practical steps to reduce your risks as an executor.

Who should view?

Junior lawyers in general practice, general practitioners and legal executives.


Feedback from previous attendees

  • Excellent webinar. Very informative.

More information

Retirement Villages Refresher - Getting it Right for Residents and Operators | 1 CPD hour

Due to our ageing population, contracting for an occupation right agreement with retirement villages is increasingly common.

The complex and specialised nature of this area of law means that legal advice should be provided by lawyers who know how retirement villages operate and who remain current with developments in this area.

This On Demand session provides an essential update in developments of the law concerning occupation right agreements for those who already have some familiarity with this work and who seek to increase their understanding, remain current and so, to ensure that they provide 'best practice' legal services to their clients.


Learning outcomes

Particular areas of focus for the seminar include:

  • advising clients/due diligence e.g. services expected, statutory entitlements, certification, documentation that should be received, reviewed and discussed;
  • Variation of the Code of Practice, requiring operators to amend documents before October;
  • the role of statutory supervisors, for residents as a group;
  • issues to be aware of in relation to transfers within a village; and
  • effect of the new Anti-Money Laundering legislation on operators and statutory supervisors.

Who should view?

This session is a must for those advising current residents, potential residents and operators who need to be aware of changes in this area.


Feedback from previous attendees

  • On Demand recorded webinars are the way of the future.
  • I love the convenience of being able to stay at my desk and learn!
  • Love On Demand with the interactive CPD component. Very user friendly and I am able to do outside of normal office hours and at home.

More information...

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