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Gifting - giving it all away? - Online CPD

Gifting - giving it all away? - Online CPD
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Package includes:

Online CPD Module  l  Booklet  l  PowerPoint Presentation

Package Fee (incl GST)

  • $149 - NZLS members and Associate members
  • $179 - 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.

Online CPD Module

Presentation time: 90 minutes
1.5
CPD HRS

Increasingly gifting structures and documents need to be tailored to the needs of individual clients. When gifting duty was abolished in 2011 the legislation did more than just simplify the tax system. Accepted gifting arrangements and practices, which had been used for generations, began to be called into question.

The nature and scope of gifting, and the lawyer’s role in advising, varies from one client to another. A thorough understanding the “why” and “how” of gifting in this changing environment will help you to resolve possible problems that may arise further down the track.

This module will discuss potential complications, the key issues to be aware of and documentation best practice. It will consider the different solutions, along with the specific tools available to practitioners when advising clients about gifting.

Topics covered will include:
  • Gifting versus a loan, helping your client to clarify their intention
  • Presumption of advancement and the intention to make a gift
  • Capacity to make a gift, possible issues to be alert to
  • Documentation best practice.

Learning objectives

After completing this module, you will:

  • Understand the questions to ask when advising your client and why you should ask.
  • Be aware of possible red flags or issues when your client is gifting.

Please contact us if you use a dial up internet connection.

Booklet

Authors: Chris Kelly, Greg Kelly
Published: 19 May 2016
Pages: 31

Introduction

Gifts made by people during their lifetime have been the subject of previous seminars and
webinars. This time we will explore further avenues such as the standard of mental
capacity required. A recent New Zealand case also highlights the pitfalls of informal
arrangements, especially where the recipients have fiduciary duties.

We will review again the continuing concerns relating to asset protection, residential care subsidies, insolvency and so on. They continue to be issues of concern but it is also important to step back and look at the wider range of issues that can arise, particularly in the case of gifts made by older people.

PowerPoint Presentation

These are the slides included in the presentation.
Number of Slides: 23
 
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