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Package includes:

On Demand Module  l  Electronic booklet  l  PowerPoint Presentation

Package Fee (incl GST)

  • $425 - NZLS members and Associate members
  • $588 - Non-members

Note: Access to the online files is via your "My CPD" page. If you would like to purchase multiple packages, please contact us here.

On Demand Module

Presentation time: 210 minutes
3.5
CPD HRS

Being a trustee is an increasingly challenging role. Alongside the rise in the number of beneficiaries challenging trustee decisions, we are also seeing increasing criticism of the process trustees undertake in reaching those decisions.

This module will consider, through the lens of both the drafter/adviser and mediator/litigator, how to make robust trustee decisions, including advising trustees going through the decision-making process and how to address past mistakes using ratification. It will also look at options for trustees faced with significant or momentous decisions, including obtaining the court’s blessing in relation to these.

Topics covered will include:

  • The Decision-Making Process
  • Advising Trustees About the Decision-Making Process
  • What to do When Decision-Making Goes Wrong
  • Seeking the Court's Blessing for Momentous Decisions

Learning objectives

By completing this module you will:

  • Know what a proper trustee decision-making process entails.
  • Understand the best way to advise trustees about the decision-making process while being mindful of who may have access to your advice in the future.
  • Learn about the options available when trustees fail to follow a proper decision-making process, including how to apply to the court.

Electronic paper 

Authors: Greg Kelly, Kimberly Lawrence, Kevin Lenahan, Colette Mackenzie
Published: 27 March 2024
Pages: 29

Introduction

Being a trustee is an increasingly challenging role. Alongside the rise in the number of beneficiaries challenging trustee decisions, we are also seeing increasing criticism of the process trustees follow when reaching those decisions.

This forum will consider, through the lens of both the drafter/adviser and mediator/litigator,  how to make robust trustee decisions, including advising trustees engaged in the decision making process as well as when and how past mistakes can be addressed. It will also  explore options for trustees faced with significant or momentous decisions and consider whether the court’s blessing should be obtained for such momentous decisions.

PowerPoint Presentation

These are the slides included in the presentation.

KELLY Greg-194 LAWRENCE Kimberly-247
Chair: Greg Kelly
Greg Kelly Trust Law
Wellington		 Kimberly Lawrence
Greg Kelly Trust Law
Wellington
LENAHAN Kevin MACKENZIE Colette-176-70
Kevin Lenahan
Greg Kelly Trust Law
Wellington		 Colette Mackenzie
Greg Kelly Trust Law
Wellington

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