Attacks on trusts and estates are escalating and often entail an increased level of complexity. It is important that you are able to provide your clients with effective advice in this area. This webinar will assist with this with a focus on claims against estates and the issues that arise in disputes including, the role of the executors, duties of administrators, and some key procedural issues.
The webinar will include:
- A very brief overview of the contentious probate jurisdiction and matters to be wary of in seeking probate, the difference between probate in common and solemn form, and caveating estates
- The statutory claims that can be brought against estates including under the Property (Relationships) Act 1976, the Family Protection Act 1955 and the Law Reform (Testamentary Promises) Act 1949
- Claims that go to the validity of wills including technical validity under the Wills Act 2007, undue influence, fraudulent calumny, testamentary capacity and want of knowledge and approval
- Claims by which technical validity issues can be cured including under ss 14 and 31 of the Wills Act 2007
- A summary of trust and fiduciary claims, including a recent decision, mirror wills, and constructive trust on trust claims
- An overview of costs issues in contentious trusts and estates which are particularly relevant to advisers and independent trustees.
By attending this webinar you will gain:
- An understanding of substantive and procedural law relevant in the contentious probate jurisdiction.
- An overview of what to be wary of at the “back-end” of a dispute and tips on how to avoid disputes arising.
Who should attend
Civil litigation, family, property, trusts and estates practitioners.
Book / Technical Specs
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 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.
Fee (Incl GST)
Do you want to register more than one person for this course? Use the multiple registration button below or Click here
- Webinar 11.00am - 12.30pm, Wednesday 15 June 2022
- Registration closes - 3.00pm, Tuesday 15 June 2022
Download PDF registration form
Wynn Williams, Christchurch
Shane is a partner at Wynn Williams practising commercial and civil dispute resolution within the national dispute resolution team. He has appeared in the District Court, High Court, Court of Appeal, in adjudications, arbitrations, mediations and disciplinary matters for professionals. Shane specialises in contentious trust and estate disputes, insolvency, and commercial litigation. He assists clients at all stages of dispute resolution, from advisory work to Court, through all levels of appeal.
Plymouth Chambers, Christchurch
Jared specialises in trusts and commercial litigation and has acted in some of New Zealand’s leading trust and estate disputes. He advised the Minister of Justice on the Trust Reference Group prior to the passing of the Trusts Act 2019, is a STEP member and a contributing author to Thomson Reuters’ Equity and Trusts in New Zealand.
Attendance at the live webinar
Registration but non-attendance on the day
- 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.
- 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
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.