Conferences

Kimberly and Colette will discuss the issues advisers need to consider when establishing trusts in the blended family context, so that they appropriately protect the interests of everyone involved, as well as relationship property concerns arising from the use of trusts, particularly in the blended family or second relationship context.

Kimberly and Kevin will consider common variations being made to charitable trust deeds, the availability of s 130 of the Trusts Act 2019 to effect variations in circumstances where there is no variation power, and consider when a potential variation could take place under the Trusts Act 2019 and when the Charitable Trusts Act 1957 should be used instead.

Kimberly will take part in a panel discussing judicial advice and charitable trust schemes under the courts’ cy-prés jurisdiction.

Greg will once again chair the biennial NZLS Trusts Conference, at which Kimberly and Colette will present a paper discussing practical drafting implications following the decision in Legler v Formannoij [2024] NZSC 173.

Kimberly and Colette will discuss how older clients can best to balance competing obligations to spouses, partners, children, and stepchildren, in both “ordinary” and blended families.  It will look at planning effectively in a manner which can reduce estate claims, particularly when care costs are increasing, partners have different life expectancies, and children and stepchildren are chomping at the bit. 

Colette and Kimberly will review recent case law from the Supreme Court considering the treatment of trusts in the context of family asset planning and discuss some real life scenarios raising issues such as the dangers associated with adding your low-income earning spouse as a beneficiary of a trust, the effect of taking drawings from a company after separation where the shares are relationship property, is it worth preserving pre-emptive rights, trusts as an effective estate planning tool for blended families, and when is an inter-entity loan a good idea.

Kimberly and Colette will present a session exploring the complexities of mutual wills and life interest wills, focusing on common issues that arise in their drafting and administration including implications for title registrations, entitlements, relationship property, and estate claims, and how to find effective solutions.

Greg will lead an interactive forum with Colette, Kevin, and Sharee looking at trusts in the blended family context, in particular new trusts for blended families and existing trusts in the context of new relationships.

Colette presented a paper on the use of constitutions for corporate trustees including their prevalence, what to include in a constitution, what to include in your trust deed to ensure adequate independence, and the effect of not having a constitution.

Greg, Kevin, and Sharee delivered a practical session aimed at helping practitioners effectively prepare for mediation in order to maximise the use of the day itself. The session covered providing written advice, setting client expectations, attending preliminary meetings with the mediator, and preparing and circulating position statements. It also addressed navigating the mediation day and its immediate aftermath in a way that protects all parties. Finally, it considered the documentation required so that the resolution is watertight and avoids common problems that can undermine a mediated settlement.