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Cradle to Grave Conference Registration: C0425

Monday, 20 April 2015

Ellerslie Event Centre, 80 – 100 Ascot Avenue, Greenlane East, Auckland.

Thursday, 23 April 2015

Hagley Oval, Christchurch Central, Christchurch.

Early Bird Rate (ends 30 March 2015 for Auckland and has beenextended to 17 April 2015 for Christchurch).

Members $450 + GST ($517.50 incl. GST)

Non-members $550 + GST ($632.50 incl. GST)

Rate after 30 March 2015 for Auckland and after 17 April 2015for Christchurch.

Members $495 + GST ($569.25 incl. GST)

Non-members $605 + GST ($695.75 incl. GST)

Group discounts: 10% off for 2nd attendee, 15% off for 3rd and subsequent attendees from the same firm.

(Group discounts are not available via online booking. Please email, fax or post group bookings to receive discount).

Register online @ adls.org.nz/cpd

Other registration options Phone: 09 303 5278 Fax: 09 309 3726 Email: cpd@adls.org.nzPost: PO Box 58, Shortland Street, Auckland 1140. DX CP 24001

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Cancellation policy: Registrations can be cancelled up to 5 working days before the date of the conference upon which a refund will be made less a $100 administration fee. No refunds will be made after that time, however, you may send someone else in your place.

Auckland Christchurch

AucklandMonday, 20 April 2015

ChristchurchThursday, 23 April 2015

Proudly sponsored by

2015Cradle to GraveConference

2015 Cradle to Grave ConferenceThe interface between property, trust and family law

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Bill Patterson, Partner, Patterson Hopkins Bill Patterson LLB, LLM (Hons) TEP is a managing partner at Patterson Hopkins, a boutique Auckland law firm. He practises in the areas of property, trust and commercial law. He has a wealth of expertise in estate matters, wills and trusts (including offshore trusts and administration), family protection and other family property arrangements. Bill is a member of the international lawyers’ network, AEA. He was made a distinguished member of the Auckland District Law Society for his work in all these fields. His book, Law of Family Protection and Testamentary Promises in New Zealand, is in its fourth edition.

The Honourable John Priestley QCAfter graduating as a senior scholar in law (BA, LLB (Hons)), the Honourable John Priestley QC earned an MA from Cambridge University and a doctorate from the University of Virginia. During his distinguished legal career he was a lecturer, a member of various statutory bodies, and a partner in the Auckland firm, Holmden Horrocks. As well as having involvement in wills and estate litigation at both bar and bench, his career-long interest in family law also saw him help establish NZLS’s Family Law Committee. The Honourable John Priestley QC was appointed Queen’s Counsel in 1994 and was appointed to the High Court bench in 2000 until his recent retirement. He was appointed CNZM in the 2014 New Year’s Honours list.

Sandra Grant, Barrister, Shortland ChambersSandra Grant is a senior commercial barrister at Shortland Chambers, where she has practised for the last 23 years. Prior to joining the bar, Sandra was a solicitor at Russell McVeagh for four years, practising in various areas of commercial litigation. Sandra appears regularly in all of the higher courts. Her practice covers a broad spectrum of commercial and civil disputes. She has a particular interest in developing areas of law, finding creative solutions and providing advice on litigation strategy. She has acted in a wide variety of cases involving individuals with diminished mental capacity.

Dr Bede McIvor MB ChB; FRANZCP, Psychogeriatrician and PsychiatristDr Bede McIvor is a fellow of the Royal Australian and NZ College of Psychiatrists and a member of the Faculty of Psychiatry of Old Age. He is an expert in general psychiatry, psychiatry of the elderly, forensic psychiatry and neuropsychiatry. Medico-legal issues related to the Protection of Personal and Property Rights Act (i.e. competency, testamentary capacity and capacity to enter into other types of legal transactions) and cognitive impairment assessments constitute a significant portion of Dr McIvor’s practice. He is also interested in the assessment and treatment of mood disorders, anxiety disorders, cognitive disorders and psychotic disorders.

Sonja Clapham, Barrister, Shortland Chambers Sonja Clapham is a barrister at Shortland Chambers, Auckland. She commenced practice as a barrister at the independent bar in Sydney before returning to Auckland in 1987. She is a founding member of Shortland Chambers and specialises in advice and litigation regarding challenges to wills and disputes regarding deceased estates. She has presented a number of papers in the past, including seminars and conferences for ADLSI and the New Zealand Bar Association.

Presenter Bios

Opening remarks from the Chair 8.50 – 9.00am Bill Patterson, Partner, Patterson Hopkins

WILLS - BENEFITS, MISTAKES AND RISKS: OBSERVATIONS FROM A RECENTLY RETIRED JUDGE 9.00 – 9.20am

Lawyers need to take care when drafting wills. Mistakes can be devastating and costly, even if the Wills Act is available to remedy some shortcomings. This session will canvass some common errors and provide practical guidance on how to avoid such mistakes.

Presenter: The Honourable John Priestley QC

EXPLORING THE LEGAL LANDSCAPE OF CAPACITY 9.20 – 10.00am

Client capacity is an issue likely to arise in every lawyer’s practice. This session considers capacity in the context of making and varying a will, entering into a contract, granting and revoking a power of attorney, executing conveyancing documents, commencing court proceedings and giving informed consent to marriage, divorce and medical procedures. It explores the grounds on which a person’s actions may be challenged for want of capacity, the tests for the various causes of action, how they inter-relate and when the onus of proof shifts.

Presenter: Sandra Grant, Barrister, Shortland Chambers

ASSESSING CAPACITY: THE MEDICAL PERSPECTIVE FOR THE GP LAWYER 10.00 – 10.30am

It is important to know what is relevant and what factors to take into account when assessing capacity. This practical session will identify red flags for lawyers to look out for when capacity may be in issue. It will provide guidance on how lawyers might determine the most appropriate medical expert to carry out assessments and how best to brief this expert. Lawyers will be provided with a practical checklist as a helpful resource.

Presenter: Dr Bede McIvor, MB ChB; FRANZCP, Psychogeriatrician and Psychiatrist

Morning tea 10.30 – 10.50am

TESTAMENTARY CAPACITY: THE LAWYER’S OPTIONS WHEN THE CLIENT MAY NOT HAVE IT 10.50 – 11.10am

In light of the foregoing topics, what are the duties and obligations of a lawyer receiving instructions from a client, possibly lacking capacity, who wants to make a will or sign a deed? This session will provide direction on whether the lawyer’s obligation is to follow the client’s instruction and deal with any consequences later, or to seek medical assessments at the outset.

Presenter: Sonja Clapham, Barrister, Shortland Chambers

Q & A related to the preceding topics

TRUST-RELATED CASE LAW UPDATE 11.30am – 12.10pm

An engaging and useful review of recent trust-related cases.

Presenter: Anthony Grant, Barrister, Radcliffe Chambers

THE TRUSTY TRUST: THE OPTIMAL SOLUTION FOR SUCCESSION PLANNING? 12.10 – 12.50pm

This session will explore whether trusts remain the optimal tax succession planning vehicle in New Zealand. It will:

• compare trusts to other options and provide direction on whether trusts remain the preferred succession planning mechanism for taxation purposes;

• identify what tax advantages presently exist in using trusts as wealth creation, retention and distribution vehicles; and

• provide insights into how Inland Revenue treats trusts and how tax laws are interpreted when trusts are used as succession and investment vehicles.

Presenter: Denham Martin, Barrister

Q & A related to the preceding topics

Lunch 1.00 – 1.45pm

FAMILY LAW DEVELOPMENTS FOR NON-SPECIALISTS 1.45 – 3.00pm

Insights into recent developments in relationship property law and family trust law will be useful for general practitioners advising clients in the early stages when a spousal relationship is ending (through separation or death). This session provides a ‘rapid-fire’ update on these developments, including:

• issues relating to increases in value of separate property derived from relationship property;

• spousal maintenance;

• the tensions between certain provisions of the Property (Relationships) Act 1976 and the Family Proceedings Act 1980;

• occupation, possession and sale orders in respect of trust-owned homes.

Presenters: Brian Carter, Barrister, Bastion Chambers; Vanessa Bruton, Barrister

Q & A related to the preceding topics

Afternoon tea 3.15 – 3.35pm

DECISIONS OF TRUSTEES: PRINCIPLES, PROBLEMS AND OPTIONS 3.35 – 4.05pm

Nothing focuses the mind more than being trustee of a trust when the beneficiaries are fighting with each other, the trustees or both for a bigger slice of the pie. Should those trustees give in (or give up)? Or do they make decisions and wait for the flak? Or can they ask the Court to make the decision for them? What risks does each option present? And if a beneficiary goes to Court can the trustees have the trust pay their costs? Do the trustees have to get directions (sometimes called a Beddoes order)? If so, what is the procedure? All of these questions will be answered in this session.

Presenter: Bill Patterson, Partner, Patterson Hopkins

WILLS FROM START TO FINISH 4.05 – 4.45pm

Building on the Hon. John Priestley QC’s opening remarks, this session will discuss: good file management strategies regarding will instructions; how to deal with statements relevant to potential family protection or similar claims; and the risks of destroying will instructions and previous wills. The session will also canvass the modern approach to interpreting a will, the court’s power to correct drafting errors and to declare wills valid. Finally, the lessons that can be learned from case law will be examined.

Presenters: Chris Kelly, Consultant, Greg Kelly Law (Auckland session), Greg Kelly, Partner, Greg Kelly Law (Christchurch session)

Q & A related to the preceding topics

Close of proceedings 4.55 – 5.00pm

Bill Patterson, Partner, Patterson Hopkins

2015 Cradle to Grave Conference Programme Anthony Grant, Barrister, Radcliffe Chambers

Anthony Grant is an Auckland barrister who specialises in the law of trusts and associated areas of the law. He has written more than 120 articles in these fields. He currently writes a regular column on the law of trusts for NewLaw magazine

Denham Martin, Barrister Denham is a barrister who specialises in all aspects of tax and trust law. He has been a partner with pre-eminent law and accounting firms in New Zealand and Australia and is currently the principal of his own tax and trust law practice. Denham has published extensively on tax and trust matters, been involved with tax and trust litigation, and is a recognised expert on many areas of tax and trust law. He won the Tax Law Award at the 2011 and 2013 New Zealand Law Awards and was a runner up at the 2010 and 2012 Awards.

Brian Carter, Barrister, Bastion ChambersBrian is a barrister practising in the family law arena, mainly in relationship property, trust, estate and COCA litigation. He is a former partner at McVeagh Fleming, has lectured in family property law at Auckland University (2002-2004) and is a trained mediator (LEADR New Zealand and CEDR United Kingdom). Brian is a past contributor to Brookers Family Property. He is a regular contributor to CPD in the legal profession through presenting and chairing seminars and conferences and his long-standing membership of ADLSI’s CPD Committee.

Vanessa Bruton, BarristerVanessa is an Auckland barrister, practising almost exclusively in trust and estate disputes, including relationship property disputes involving trusts. Her practice includes both domestic and international trust disputes where there is a New Zealand law or jurisdiction aspect. She is a member of STEP and regularly presents for NZLS and ADLSI.

Chris Kelly, Consultant, Greg Kelly Law Ltd Chris Kelly has over 35 years’ experience as a lawyer specialising in wills, trusts, estates and elder law. Chris is co-author of two leading legal texts: Garrow & Kelly Law of Trusts and Trustees (6th & 7th editions) and Dobbie’s Probate Administration Practice (5th edition and recently completed 6th edition). In addition to other publications, Chris has presented more than a dozen papers at legal conferences and has chaired LexisNexis Elder Law Conferences. Chris is a member of the Society of Trust and Estate Practitioners (STEP) and gained an LLM with a thesis on the accountability of trustees.

Greg Kelly, Principal, Greg Kelly Law Ltd Greg Kelly is a recognised national authority on wills, estates and trust law. He is also one of a small group of lawyers in New Zealand who appears in the US-based Best Lawyers listing as a trust and estate lawyer. Greg co-authored Garrow and Kelly Law of Trusts and Trustees (6th and 7th editions) and Dobbie’s Probate and Administration Practice (5th & 6th editions). He wrote the Probate and Administration section of McGechan on Procedure, he contributes to LexisNexis Law of Trusts, and is a member of the Wills and Trusts Technical Committee of the NZLS Property Law Section.