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Gifting and Residential Care Subsidies - potential liability - Webinar Package

NZ $121.00
incl GST
Chris Kelly Greg Kelly
Chris Kelly
Greg Kelly
Wellington
Greg Kelly
Greg Kelly
Wellington
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Webinar Package includes:

Webinar Package Fee (incl GST)
$91 - NZLS members and Associate members
$121 - Non-members

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Webinar Archive Presentation


Presentation time: 60 minutes

The recent Court of Appeal decision in B v Chief Executive of the Ministry of Social Development in respect of gifting and residential care subsidies has caused some consternation. A number of lawyers are worried about clients who expect to get a subsidy, and may not do so now, and questions have been raised in respect of potential liability and the need to notify insurers. In many situations this won’t be an issue. But lawyers need to know when it may be a problem and what risks/liability they may face.

This webinar will look at:

  • The background to the Court of Appeal decision, and why lawyers may have advised clients to use trusts in this way
  • What the Court of Appeal actually decided
  • The likely consequences for individual clients
  • Whether there is any risk of liability
  • What points need to be taken into account before deciding whether to notify insurers.

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Booklet

 
Authors: Chris Kelly, Greg Kelly
Published: 7 November 2013
Pages: 21

Introduction

The recent decision of the NZ Court of Appeal in B v Chief Executive of the Ministry of Social Development1 has caused some consternation. A number of lawyers have raised questions about this particularly in respect of potential liability and the need to notify insurers.

This paper will therefore look at:

(a) The background to the Court of Appeal decision and why lawyers may have advised clients to use trusts in this way;
(b) What the Court of Appeal actually decided;
(c) The likely consequences for individual clients;
(d) The extent of any risk/liability for lawyers; and
(e) The next steps you should be considering.

Before exploring what the Court of Appeal decided and the implications of that decision, it is useful to look first at the legislative background. We will not explore the legislation in detail, but will summarise the points that are significant for present purposes.

__________________

1 [2013] NZCA 410.

 

PowerPoint Presentation

 
These are the slides included in the webinar presentation.
Number of Slides: 25

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Trust Deeds: drafting mistakes and issues - and how to fix them - webinar package

Publication Date: 16-Sep-2013

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NZ $179.00
incl GST

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Gifting - 12 months on - Webinar Package

Publication Date: 06-Nov-2012

Authors: Chris Kelly, Greg Kelly

NZ $179.00
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