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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.
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.
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.
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.
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.
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.
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:
This On Demand session addresses what you need to do in order to conduct this trust fitness for purpose audit.
All lawyers who act as independent trustees and all practitioners who advise trustees on their duties and obligations.
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.
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.
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.
All lawyers involved in trusts, property, estate planning and the administration of estates.
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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.
Junior and intermediate lawyers involved or likely to be involved with trusts. It may serve as a useful refresher for more senior trust practitioners.
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.
All lawyers practising in the area of family, trust and elder law.
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.
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
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.
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.
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.
All lawyers involved in estate administration, particularly junior to intermediate practitioners and legal executives.
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.
The Overseas Investment regime is now critical knowledge for every lawyer involved in domestic conveyancing, as well as overseas investment.
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.
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.
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.
All lawyers involved in estate administration, particularly junior to intermediate practitioners and legal executives.
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.
All lawyers representing owners of small businesses. Accountants, trust lawyers and those involved in estate planning may find this useful.
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.
Relationship property and trust litigators, general practitioners, trust and estate planning lawyers, legal executives and all lawyers who act as Professional Trustees.
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.
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.
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.
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.
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.
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.
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.
Trust, family and property lawyers, litigators and all other lawyers who advise on trust matters.
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.
All lawyers who act as independent trustees and all practitioners who advise trustees on their duties and obligations.
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.
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.
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.
General practitioners and legal executives.
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.
Property and commercial lawyers, property law litigators and general practitioners, particularly those who are involved in trusts as independent trustees.
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.
By watching this On Demand webinar you will learn about:
Junior lawyers in general practice, general practitioners and legal executives.
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.
Particular areas of focus for the seminar include:
This session is a must for those advising current residents, potential residents and operators who need to be aware of changes in this area.