Package includes:

Online CPD Module  l  Electronic booklet  l  PowerPoint Presentation

Package Fee (incl GST)

• $430 - NZLS members and Associate members
• $480 - 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

This module will explore the interface between the Property (Relationships) Act 1976 and the trusts landscape. This will include understanding the legal issues arising, and helping both personal and trustee clients navigate the relationship life cycle with an understanding of relevant trust law.

This module will reflect on the practical implications for your clients of a trust being involved at the start or end of a relationship.

Learning objectives

By completing this module you will:

• Have a better understanding of the practical issues arising when trusts interface with the PRA.
• Be better able to advise trust clients, and trustee clients, through the relationship life cycle.

Electronic paper 

Authors: Greg Kelly, Sharee Cavanaugh, Kimberly Lawrence, Colette Mackenzie
Published: 30 March 2023
Pages: 28

Introduction

Trusts commonly feature in relationships – particularly where one or both parties are in business, where there is significant family wealth, or where one party has been through a separation before and thinks that a trust will help to protect their assets against future claims.

This book summarises the kinds of claims made against trusts after a relationship has broken down, and then explores what trustees should be thinking about doing when a relationship begins, when it has ended (including during litigation), and when documenting a relationship property settlement which includes trust property.

Trustees are often seen as something of a side show when relationships begin or during relationship property disputes, with the relevant settlor the one “calling the shots”. However, trustees have their own obligations to be aware of. Trustees and their advisors should understand the potential value they can add during the relationship lifecycle, as well as understanding the most common pitfalls trustees will face.

This book will consider:

• The most common claims made against trusts;
• Considerations for trustees at the outset of a relationship, and documentation to protect trusts;
• Considerations for trustees when a relationship breaks down, and how they should conduct themselves during litigation; and
• Documenting relationship property and trust disputes in a manner consistent with trustees’ obligations and interests.

PowerPoint Presentation

These are the slides included in the presentation.