This half-day forum will have a practical focus on how trusts are used in the blended family context.

The first part will consider drafting new trust deeds for blended families, and what to include to ensure the trust will meet the needs of the family over the long term. It will consider who holds which powers, how powers pass on death or incapacity, and how to ensure a balanced structure that can provide for different needs and interests. It will also consider key risk factors for disputes arising in this context.

The second part will consider existing trusts in the blended family context. It will look at how provision can be made for a new spouse, partner, or family while preserving and protecting existing assets held in trust. It will consider the role of contracting out agreements and trusts, making provisions in the event of death, and focus on key mistakes made in this area that put assets at risk.

The forum will close with a panel discussion and questions from the in-person and live web stream audience.

Programme outline

IntroductionPresenter Greg Kelly

Greg will first introduce the team, outline the forum structure, and provide insight into why trusts are useful for blended families and the key problems arising from the use of trusts in the blended family context.

Session 1: New Trusts for Blended Families – Presenters Sharee Cavanaugh, Greg Kelly, Kevin Lenahan and Colette Mackenzie

This session will focus on new trusts for blended families and the common objectives when drafting including:

  • Key provisions to address – devolution of powers, classes of beneficiaries, trustee independence, and memoranda of wishes
  • When and how to integrate contracting out agreements
  • Common pitfalls and key risk factors for disputes
  • Litigation perspective.

Session 2: Existing Trusts in the Context of New Relationships – Presenters Sharee Cavanaugh, Greg Kelly, Kevin Lenahan and Colette Mackenzie

This session will focus on existing trusts in the context of new relationships and the common objectives when planning and structuring including:

  • What not to do – appointing a new partner as trustee or beneficiary
  • Protecting existing trusts – contracting out agreements, establishing new trusts, and use of loans
  • Making limited provision from existing trusts (including in the event of death)
  • Common problems arising from the use of existing trusts in the blended family context – Property (Relationships) Act 1976 risks, Family Proceedings Act 1980 risks and excessive or improper use of powers
  • Litigation perspective.

Session 3: Panel Session & Question Time – Presenters Sharee Cavanaugh, Greg Kelly, Kevin Lenahan and Colette Mackenzie, joined by Kimberly Lawrence

This final session will form a practically focused panel discussion where the themes can be explored further through questions, answers, and discussion. It will provide the opportunity to reflect on key “takeaways” to take back to your office.

Learning objectives

By participating in this forum you will:

  • Have a better understanding of how to draft trust deeds that are effective for blended families.
  • Gain an awareness of the options available to protect existing trust structures and assets in the context of a new relationship.
  • Understand common pitfalls that arise in this area and be better prepared to avoid them (and the litigation that can follow).

Who should attend

All trust and family lawyers involved in family, property, trusts & estates, and civil litigation.

Time

  • 9.00am-1.00pm

Book

A background book written by the presenters is available in hard copy, PDF, or both. Please indicate your choice upon registration.

  • Hard Copy - Your book will be couriered to you - no extra charge
  • PDF - You will be emailed a PDF copy of the book 3 working days before the event - no extra charge
  • Both Hard Copy & PDF - You will be emailed a PDF copy of the book 3 working days before the event, and couriered the hard copy book - additional $45 charge

Format

This event will provide attendees with a blend of presentations and discussion. Held in-person & online.

For information on what is required to participate in the live web stream, click here.

Fee (incl GST)

Law Society Members benefit from up to 30% off

In-Person

  • $445 – Law Society members & associate members
  • $635 – Non-members

Live Web Stream

  • $425 – Law Society members & associate members
  • $605 – Non-members
  • 2+1 Live web stream registrations – more info (must be arranged at time of booking)

Do you want to register more than one person for this course? Use the 'register others' button below or Click here
Download PDF Registration Form

Wellington

19 March

Live Web Stream

19 March

I can't attend, but please let me know when the book is available to purchase.

Presenters

Sharee Cavanaugh 2024 Sharee Cavanaugh
Greg Kelly Trust Law, Wellington

Sharee has more than a decade of experience in resolving complex, multi-party disputes. She specialises in trusts, relationship property, and estate litigation, and has a wealth of technical knowledge and experience in this area.

Greg Kelly 2024 Greg Kelly
Greg Kelly Trust Law, Wellington

Greg has over 40 years’ experience in the wills, trusts, and estates area. He is a co-author of Garrow and Kelly’s Law of Trusts and Trustees and Dobbie’s Probate and Administrative Practice (5th, 6th and 7th eds), contributes to Butterworth’s Law of Trusts, and is the probate and administration author for McGechan on Procedure.


Kevin Lenahan 2024 Kevin Lenahan
Greg Kelly Trust Law, Wellington

In addition to having advocated for clients in all types of trust and estates disputes, Kevin is a mediator (AMINZ, Resolution Institute) who firmly believes in mediation for resolving difficult family wealth disputes and restoring relationships. He is the trusts and estates columnist for the Law Society Property Law Section’s The Property Lawyer; a co-author of Dobbie’s Probate and Administrative Practice (7th ed), and a regular contributor at conferences and seminars on trusts, estates, and mediation.


Colette Mackenzie 2024 Colette Mackenzie
Greg Kelly Trust Law, Wellington

Colette has extensive experience in all aspects of trust law, advising clients on the use of trusts and wills in the context of asset planning. She has particular expertise in dealing with the treatment of trust property on the division of relationship property. Colette is also a contributing author to the 8th edition of Garrow and Kelly’s Law of Trusts and Trustees and the New Zealand Guide to Trusts.

Cancellation and refund policy

You may cancel your registration eight working days in advance of an event, and you will receive a refund less a 25% administration fee. If you cancel less than eight working days in advance of the event, no refund is payable. If you are unable to attend, you may transfer your registration to another person. If you wish to do so you must advise CLE in writing of the change. NZLS CLE Ltd reserves the right to close registrations and cancel or reschedule an event as necessary. Where an event is cancelled by CLE, a full refund is payable.

Trusts and Blended Families Forum - Wellington

19 March - Law Society Wellington Branch
CPD Hours: 3.50
NZ $635.00
Forum Book
BUY FOR OTHERS

Trusts and Blended Families Forum - Live Web Stream

19 March - At your desk or device
CPD Hours: 3.50
NZ $605.00
Forum Book
BUY FOR OTHERS

Questions?

In order to assist us in reducing spam, please type the characters you see: