Webinar Package includes:

Archive Presentation  l  Booklet  l  PowerPoint Presentation

Webinar 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.

Webinar Archive Presentation

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.

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Booklet 

Authors: Juliet Moses, Rebecca Rose
Published: 24 September 2020
Pages: 27

Introduction

There is no introduction for this publication.

PowerPoint Presentation

These are the slides included in the webinar presentation.