Online CPD Module

When clients are contemplating making their wills, the distribution of assets may make perfect sense to them, but issues can quickly emerge upon death. The Law Commission is currently reviewing all aspects of succession law focusing on entitlements to a deceased’s property. They will be examining who shall be entitled to further provision despite the terms of a deceased’s will and policy justifications for those entitlements. Given the changes to the Trustee Act 2019, which comes in to force in January 2021, and the changes in the Property (Relationships) Act 1976, it is time to consider whether succession planning in its current context is relevant in today's world. This module will take a practical approach in helping you make sense of the changing landscape and some of the key issues in these complex areas.

This module will include:

• Recent family protection and testamentary promises cases
• A summary of principles from cases that involve:
  - a surviving spouse or partner of a second or subsequent relationship, particularly where there are children of the deceased from a previous relationship
  - an inter vivos trust settled by the deceased
• The mis-fit between the PRA and the FPA
• Discussion on the review of succession law
• Demographic and social changes in New Zealand
• Structuring of different types of wills and testamentary trusts
• Wills in a multi-jurisdictional world.

Learning objectives

By completing this module you will be able to:

• Better advise/represent clients in second relationships, especially where trusts are involved.
• Make sense of the changing landscape and some of the key issues in the entitlements to a deceased’s property.

Electronic paper 

Authors: Catherine Atchison, Stephen McCarthy
Published: 29 October 2020
Pages: 41

Introduction

There is no introduction for this publication.

PowerPoint Presentation

These are the slides included in the presentation.