Implementing appropriate arrangements for people who are less able to care for themselves, and protect their property interests, presents unique challenges for the legal profession. This applies to clients of all ages, although future realities mean it is becoming more relevant to an aging population and its advisers.
It is important that arrangements are put in place when clients have sufficient mental capacity, so as to ensure that their interests are subsequently managed in the manner they anticipated. Achieving watertight arrangements without any inference of undue influence, while also providing for flexibility and responsiveness to the changing needs of the clients and their families, is a difficult course to navigate.
This On Demand seminar will reinforce awareness of the unique underlying issues that apply when acting for potentially vulnerable clients. It will provide guidance on best practice, including how best to deal with the following questions:
- What is the correct practice in connection with advising on, and the execution of, Enduring Powers of Attorney?
- How can you ensure that a will maker or donor has adequate mental capacity?
- How do you manage life interests in property contained in Wills in a just and fair manner?
- How do Trusts fit into the mix?
- How do you protect yourself and your actions as adviser?
Who should view?
All general practitioners and experienced legal executives will benefit from receiving the insights of three experienced practitioners in this area – Mary Joy Simpson, Partner, Hesketh Henry, Catherine Atchison, Partner, Martelli McKegg, and Anthony Grant, Barrister
Feedback from the live event
"Thank you so much to the presenters for their time. Catherine’s was very practical. Anthony must have a fascinating practice!”.
“Very impressive mix of case law research and practical advice from all three speakers.”
“The Capacity topic was riveting and helpful and important. Very helpful.”
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Mary Joy Simpson
Partner, Hesketh Henry
Her principal areas of practice are estate planning, trusts, relationship property and estate management.
A specialist in trust law, Mary Joy regularly reviews and provides advice on personal asset management plans. She regularly undertakes complex restructuring, including variation and resettlement of existing structures to ensure they are workable and durable for the future.
Changes in the Property (Relationships) Act 1976 and increasing attacks on trusts mean that the personal circumstances of clients need to be carefully considered when structuring an asset management plan. Mary Joy enjoys building a strategy that will best meet her clients' individual needs.
Partner, Martelli McKegg
Catherine is one of New Zealand's leading trust lawyers. She has broad experience in all aspects of family and business asset protection, trust management and estate planning.
Clients also seek Catherine's expert advice on the formation and management of charitable trusts. She is in high demand to deliver seminars and legal updates to New Zealand's legal and financial communities on all aspects of her practice. Catherine became a partner at Martelli McKegg in 1988, after five years at Wilde Sapte, a major London law firm.
Anthony Grant is an Auckland barrister who specializes in Commercial Law. He has a particular interest in the Law of Trusts. With his interest in the law of Trusts he also acts as counsel in relationship property disputes since most larger estates tend to include Trusts.
He has conducted many cases in Company Law, Securities Law, Land Law, Contracts, Tort, and Equity and believes that a good understanding of all of these laws is necessary for the creation of strategies which will succeed in securing client objectives.
Senior Associate, Burton & Co