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Trustees - challenges of incapacity

Trustees - challenges of incapacity
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As practitioners we are all likely to be faced with situations where our clients’ capacity is questionable, and they have left it too late to either retire as trustees or transfer their power of appointment of trustees.

This webinar will consider the relevant tests for capacity, practical steps that you can take to mitigate the complications when capacity is lost, how to remove a trustee in that situation, the transfer of assets to new trustees, and other issues that arise.

Topics covered will include:

  • An overview of the definition of capacity for trustees
  • Relevant provisions of the Trusts Act 2019 and what they will mean in practice
  • A discussion of what to do and what not to do when a trustee lacks capacity and the risks of ignoring this
  • The non-court power of removal; including the nature of the power, test of capacity in relation to that power, s 43 of the Trustee Act 1956, non-use of EPAs and passing on power
  • The court powers under s 51 of the Trustee Act and vesting orders
  • A discussion of difficulties with medical assessments, ethical issues and how evidence played out in the case Green v Green
  • A practical guide for correctly drafting trust deeds to avoid these issues.

Learning objectives

By attending this webinar you will gain:

  • Practical guidance on how to best mitigate trustee capacity issues and how to handle these issues if they arise.
  • Up-to-date knowledge of reforms within the Trusts Act 2019.

Who should attend

Intermediate/advanced civil litigators, family lawyers, property lawyers, trusts and estates lawyers.

Book / Technical Specs

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

  • Hard Copy - Your book will be posted 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 posted the hard copy book  - additional $30 charge

For information on what is required to participate in the webinar, click here.


  • Juliet Moses, Partner, TGT Legal, Auckland
  • Rebecca Rose, Barrister, Bankside Chambers, Auckland

Fee (Incl GST)


Do you want to register more than one person for this course? Click here


  • Webinar 11.00am - 12.30pm Thursday 24 September 2020
  • Registration closes  - 3.00pm, Wednesday 23 September 2020

View PDF brochure and registration form here.

Webinar 24 September
I can't attend, but please let me know when the book is available to purchase.


Attendance at the live webinar
  • If you attended the live webinar, you will receive an electronic certificate of attendance as verification for your CPD records.
  • You can view and hear the presentation again, as many times as you wish in your own time for no additional cost.
Registration but non-attendance on the day
  • Under the CPD Scheme only those who attend a live webinar are eligible to claim CPD hours.
  • If you registered but were unable to attend on the day, you can view and hear the archived recording of the presentation.

Cancellation and refund policy

Since the webinar is available to registrants as an archive after the live presentation, there is no cancellation – we just transfer your user status as a registrant from the live presentation to a purchaser of the webinar package of recorded webinar, PowerPoints and booklet.

Registrant Details

Use this window to add all the registrants you wish to register on behalf of. If you want to attend the course also, ensure you add yourself as one of the registrants. Make sure you press ‘save’ after adding each new registrant.

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Trustees - challenges of incapacity - Webinar

24 September - At your desk or device

NZ $179.00
Webinar Book

Multiple Registration
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freephone (within NZ)
0800 333 111

[email protected]

04 472 7837

04 463 2986
Level 4, 17-21 Whitmore Street
Wellington 6011

DX SP 20202
PO Box 5041
Wellington 6140
New Zealand