Estate Administration

The death of a family member is likely to be a highly stressful time for your clients and this can be compounded by the increasing complexity of some of the issues that are emerging in this area of the law. The presenters will take a practical approach in discussing cross border issues, application for probate and letters of administration and key aspects of estate administration.

This seminar will include:

• A discussion of cross border issues that may arise in estate administration involving a “foreign element” including:
  - consideration of movable and immovable property
  - domicile as a “connecting factor” and associated issues
  - the concept of “choice of law” and the position/role of the personal representative of an estate involving foreign property
  - personal estate planning advice to will-makers who own assets overseas, will drafting and related estate administration matters
• Outline of key aspects of estate administration to include:
  - practical tips for drafting applications for probate and letters of administrations
  - notice periods applicable to estate administrations
  - claims against estate and time limits involved
  - bringing assets back into the estate
• A review of recent cases involving topical issues to be covered:
  - Greenwood v Simpson – claim by a beneficiary against the trustees of an estate for the sale of an estate asset at undervalue, including a discussion on the duty to act honestly and reasonably
  - Baird v Fisher – s 6 Administration Act 1969 – ability of the Court to pass over an executor when probate is granted so as to ensure estates are properly administered
  - Hau v Hau – joint ownership when there was a claim under the Property (Relationships) Act 1976 (PRA).

Learning objectives

By attending this seminar you will gain:

• A greater awareness of how cross border issues may arise during estate administration, the fundamentals in administering foreign aspects of an estate and how a cost-benefit analysis can be applied to personal planning of foreign assets.
• Practical tips on how to avoid probate for your clients and guidance in estate succession planning.

Who should attend

Family lawyers, Property practitioners, lawyers working in estate administration or with private clients.

Paper

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

Times

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

Fee (incl GST)

In Short

• $115 - NZLS members and Associate members
• $165 - Non-members
• Live web stream group pricing available! Click here

Do you want to register more than one person for this course? Click here
Download registration form

Auckland	23 October
Live Web Stream	23 October

Presenters

Samuel Ames Senior Solicitor, Martelli McKegg Lawyers, Auckland Samuel has experience in a broad range of private client matters. He provides advice on estate planning, trust structuring, relationship property, retirement villages and estate administration. Samuel has a particular interest in charitable organisations and incorporated societies. He enjoys getting to know and understand clients and providing tailored, practical advice with the aim of bringing clients peace of mind, knowing their legal affairs are in order. Samuel has presented for the New Zealand Law Society and the ADLS, and is a member of the ADLS Mental Health and Disability Law Committee.

Loren Gerbich Associate, Martelli McKegg Lawyers, Auckland Loren has a wide breadth of experience in trusts, relationship property, asset planning and property law. This means she can advise on clients’ personal circumstances taking into account various closely related areas of law. This full service aspect of Loren’s experience saves clients time, money and worry. Her experience in estate administration extends to; obtaining grants of probate and letters of administration, realisation of assets and payment of liabilities, distribution of estates, advising trustees regarding claims against estates and advising and mediating in disputes between beneficiaries.

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.