2014 Cradle to Grave Conference, Auckland and Christchurch

“Extremely pertinent and useful – all of the presenters were brilliant and had topics of relevance.”

“One of the best yet. All useful and practical talks. Giving us examples of clauses is very useful rather than just talking about it.”

“Really slick: on time, lots of variety.”

“Good practical advice.”

“Updating and to the point … but terrifying.”

In view of the overwhelmingly positive feedback from its Cradle to Grave Conference 2014 (this year held in Auckland on Monday 7 April and in Christchurch on Thursday 10 April), ADLS would like to commence its report on this landmark event with a heartfelt thank you to its presenters who so generously shared their experiences and expertise for others to learn from. We also extend warm gratitude to all attendees who provided extremely useful feedback, much of which reads like an enthusiastic book review (as above).

The stellar line of up presenters commenced with Bill Patterson of Patterson Hopkins (who also expertly chaired the day). His presentation addressed the relevancy (or not) of placing the family home in a trust, particularly in view of residential care subsidy issues surrounding “deprivation”.

Robyn von Keisenberg (barrister) addressed practical problems with the Protection of Personal Property Rights Act 1988, including capacity and enduring powers of attorney. She was followed by Anthony Grant (barrister) who provided a colourful and engaging review of recently decided trust-related cases, focusing on the latest ways in which courts have threatened trust structures and what lawyers can do in the face of this. The morning session finished with Jeff Kenny of Wynn Williams exploring the ability to modify, alter and/or re-settle trusts in the face of changing personal circumstances, along with the risks inherent in doing so.

Brian Carter (barrister) stirred the afternoon into gear, giving useful tips for general practitioners whose clients make preliminary enquiries about representing themselves under the new Family Court procedures.  Barrister Sonja Clapham followed, examining the role and duties of an executor of a deceased estate, addressing issues such as liability to pay legal fees and expenses incurred by the executor and indemnification of the executor by the estate, among other things.

It was a “passing of the baton” between brothers Chris and Greg Kelly of Greg Kelly Law, with Chris Kelly speaking at the Auckland conference (when he eventually managed to leave Wellington airport after delays caused by fog and then the Royal couple’s arrival), while Greg spoke at Christchurch. They addressed issues and alternative approaches to consider when structuring a corporate trustee company.

The afternoon concluded with lively addresses from John Hart and Denham Martin. John informed lawyers of the implications the anti-money laundering regime presents for them and trustees, with practical guidance on what information lawyers should be collating and best practices to adopt now to create efficiencies in complying with the anticipated regime. Barrister Denham Martin created an air of near disbelief when describing the implications of the Foreign Account Tax Compliance Act (FATCA), under which foreign governments are required to assist the US with the reporting by overseas-based nationals of their assets and income. He discussed the unexpectedly wide reach of the FATCA, the proposed New Zealand tax amendments implementing it, and the terms of the intergovernmental agreement now being negotiated with the US. 

Heads down at the Auckland Cradle to Grave event

Attendees at the Auckland event

Presenters Jeff Kenny, Anthony Grant, Robyn von Keisenberg and Bill Patterson

Attendees listen attentively

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