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Trustees: the challenges of incapacity

Trustees: the challenges of incapacity
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As practitioners we are all likely to be faced with situations where our clients have never anticipated losing capacity and left it too late to either retire voluntarily as trustees or transfer their power of appointment of trustees. This seminar will consider practical steps that you can take to mitigate this risk, how to remove a trustee who has lost capacity, the transfer of assets to new trustees, and other issues that arise when a trustee’s capacity is in question.

This seminar will include:
  • An overview of the definition of capacity for trustees
  • A discussion of what to do and what not to do with 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 & 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.

Learning objectives

After attending this seminar you will gain:

  • Practical guidance on how to best mitigate trustee capacity issues and how to handle these issues if they arise.
  • Up-to-date knowledge of potential reforms within the Trusts Bill.

Who should attend

Intermediate/Advanced Civil Litigators, Family lawyers, Property lawyers, Trusts and Estates lawyers.


A short paper, in PDF format, together with a copy of the powerpoint presentation will be emailed out prior to the seminar.


  • 4.00pm - 6.00pm (tea and coffee available on arrival)

Fee (incl GST)

In Short

  • $115 - NZLS members and Associate members
  • $165 - Non-members

Do you want to register more than one person for this course? Click here
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Auckland 19 April
Live Web Stream 19 April


Ross WEB EDIT Ross Knight
Partner, TGT Legal, Auckland

Prior to joining TGT Legal as a Partner, Ross practiced for many years as a Barrister Sole from Princes Chambers in Auckland’s CBD and before that as a Partner in a national law firm where he led its family law section.

Ross is one of New Zealand’s leading relationship property and trust law specialists. He is frequently retained on complex financial cases involving significant assets both in New Zealand and internationally. Ross appears regularly in the Family Court, High Court, and Court of Appeal but is also a proponent of alternative dispute resolution, through mediation and where appropriate, arbitration.

Juliet WEB EDIT Juliet Moses
Partner, TGT Legal, Auckland

Juliet is a partner at TGT Legal, a boutique trust and private client law firm based in Auckland. She specialises in trusts, personal asset planning and superannuation and is a regular presenter of seminars and author of articles on issues arising in those areas. Juliet has spoken at previous NZLS Trusts conferences, ADLS conferences, and at STEP (Society of Trust and Estate Practitioners) and NZICA events. She is the chair of the STEP education committee and also published a chapter in the CCH 2011 edition of the Master Trusts Guide on the Termination and Insolvency of Trusts. Last year, Juliet co-presented a seminar Trusts for Company and Commercial Lawyers for NZLS CLE.


Cancellation and refund policy

If written notice of cancellation of a registration arrives before the day of the seminar we will refund the registration fee, less an administration fee of $40. If you are unable to attend, you may send a substitute - to correctly assign CPD credit, CLE must be notified in advance. NZLS CLE Ltd reserves the right to cancel or reschedule seminars if necessary.
freephone (within NZ)
0800 333 111


04 472 7837

04 463 2986
Law Society Building
26 Waring Taylor Street
Wellington 6011

DX SP 20202
PO Box 5041
Wellington 6140
New Zealand