Proposed meeting topics for 2018
Trust SIG offers its members the opportunity to hear from trust specialists who present up to date commentary on topical trust matters and stimulate insightful discussions.
In addition to our Mini Conference on 27 February, in 2018 we will also be holding events on the following topics.
Please note speakers and meeting dates for each topic are to be confirmed and subject to the availability of the speakers identified as subject matter experts.
- Capacity
The issue of mental capacity in relation to settlors, co-trustees, will makers and clients generally is an increasingly relevant issue. Dealing with and understanding clients with potential mental capacity have potentially significant impacts on the planning of client affairs and generational wealth transfer.
The intention is to make this a very practical session, with speakers specifically from the eldercare sector providing some practical issues concerning capacity.
- Property Relationship Act (PRA)
The Law Commission is currently undertaking a review of the Property (Relationships) Act 1976. The review has relevance to trusts as the review’s brief is to examine matters such as:
- How the Act deals with property held by a company or trust and the powers of the courts in this area
- The ability to make adjustments to take account of economic disparity between spouses and partners, and other departures from equal sharing as contemplated by the Act.
The review has relevance to accountants who are often required to provide valuation and assessment of relationship property for PRA purposes.
http://www.lawcom.govt.nz/our-projects/review-property-relationships-act-1976
- Disclosure
Disclosure of trust information particularly in relation to beneficiaries and the disposition of trust assets and income is a topical issue. Recent case law and the proposed reform of the Trustee Act have heightened the rights of beneficiary
This session is intended to highlight some recent developments in this area, post the landmark Erceg & Erceg case and to provide some practical guidance on requests of disclosure of trustee information to beneficiaries.
- Trusts, Trustees and Philanthropy
Trusts are an important vehicle for philanthropic purposes. The intention of this meeting is to provide an insight into philanthropic trusts and some practical guidance as to the governance of charitable trusts including existing trustees’ roles in relation to duties and appointment and removal of trustees.
- Trustee Law changes
The proposed law changes to the Trustee Act and Perpetuities Act had its first reading in parliament on 5th December last year. The bill is now in the select committee stage. This bill, when it becomes law, has the potential to significantly change approaches to trusts and trusteeship in New Zealand. A session on those changes will have relevance as the bill approaches the later stages of the process to becoming law.