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How to Make Sense of the Latest Confusion about Trusts
The thinking of Judges and practitioners in the area of Trusts does not always align, making it challenging to advise clients both in terms of planning their affairs and about approaching litigation if that arises. Our speaker will examine the way most family Trusts are now vulnerable to claims of constructive trusts and whether the law should be this way; the way Judges say that settlor control is permitted in New Zealand and the problems this causes for determining Trust validity; and the inappropriate way the Courts define “sham”. The session will also cover how practitioners can overcome the problems caused by recent decisions.
Navigating the Uncertainties: What is Happening at the Court Coalface?
In the face of Court decisions in respect of trust-related matters, it can be difficult to predict, and advise on, the likely result of a particular case. This session will address current trends in trust-related litigation, provide tips for trustees involved in proceedings, and assist with thinking ahead ?how practitioners can protect themselves, their clients and their clients’ wealth protection/estate planning objectives.
The Draft Trusts Bill: The Implications for Drafting and Practice
With the Trusts Bill exposure draft consultation period concluded, it is expected that a final version of the Bill will be introduced into Parliament early in 2017. The presenter will discuss some of the key features of the Bill, highlighting the important changes for both drafting and practice that will be necessary in light of the new Act.
Guardianship: What Does it Mean?
Guardianship is a key, but often neglected, part of familial relationships. This session will cover the powers (if any) of testamentary guardians, the guardianship provisions of the Care of Children Act 2004, what happens when guardians disagree, and recent case law around resolving guardianship disputes.
PPPRA EPOAs: A Practical Approach
As New Zealand’s population ages, the law relating to enduring powers of attorney under the Protection of Personal and Property Rights Act 1988 has increasing importance. The statutory provisions can be a minefield to apply in practice. This paper will address both when and how EPOAs under the PPPRA may become operative, and when and how they may cease. The session will include reference to recent developments and also set out options available to practitioners attempting to manage what can be a challenging area for both themselves and their clients.
An Introduction to FATCA and CRS
This session will address the global drive towards financial transparency. In respect of FATCA, it will explain key terminology and delve into the US legislation and the NZ Inter-Governmental Agreement. In respect of the CRS, the global version of FATCA, Henry will look at the jurisdictions covered, model competent authority agreements and how it compares with FATCA. The session will also provide practical insights into how FATCA and CRS apply to trusts, companies, and law firms and their trust accounts.
Practical Implications of the New Exchange of Information and Tax Transparency Environment
The new exchange of information and tax transparency environment will have significant implications for taxpayers and their lawyers. This session will cover what exchange of tax information now practically means for taxpayers and practitioners in New Zealand and offshore; the effect of changes in foreign trust disclosure rules; Chatfield v CIR – recent requests from Korean Revenue to IRD for information about NZ-based companies and how courts treated requests to date, and important rights of which taxpayers and practitioners need to be aware.
Widows and Stepchildren – Resolving Competing Claims under the PRA and FPA against Surviving Executors
How can we resolve the conflicts that arise when a surviving husband or wife is entrusted with the role of executor but faced with a claim from their spouse’s children under the Property Relationship Act or Family Protection Act? The conflict between the survivor’s duties as executor, their rights to take property either by survivorship or Will and their need to protect their own interests will be discussed. When is it appropriate for an executor to step aside? When and how can they continue to discharge their duties when faced with competing claims? When can a claim under s88 of the PRA be brought against them?
Conveyancing Pot Pourri
This session will offer a practical discussion of current conveyancing issues that relate to trusts including: the bright-line test in practice with guidance for practitioners; Resident Land Withholding Tax (RLWT) and identifying off-shore RLWT persons; issues relating to nominations and assignments; vesting orders – dealing with LINZ; and land transfer tax statements – dealing with the fine print.
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Earn double Airpoints DollarsTM on your Cradle to Grave Conference registration*
For 2017 Crade to Grave Conference registrations, ADLS members and non-member lawyers who have registered their AirpointsTM or Airpoints for Business membership details with ADLS can earn double Airpoints DollarsTM
*Terms and conditions apply.
Vanessa Bruton QC
Greg Kelly Law
Kensington Swan (Auckland)
Morgan Coakle Lawyers
Vicki Ammundsen Trust Law Limited