Trust Series – Capacity in the Wider Trust Context 2022 | Wolters Kluwer NZ | 22 March 2022 | Online
Venue
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| Event Date |
Wed Mar 23 UTC (over 2 years ago)
In your timezone (EST): Tue Mar 22 8:00pm - Tue Mar 22 8:00pm |
| Location | Online |
| Region | All |
Details
Testamentary capacity and the relevant indicia is largely well understood. However, the requisite capacity to settle a trust, draft or update (or revoke) a memorandum of wishes or to exercise appointor powers is less clear cut.
“The wishes of a settlor are always a relevant consideration, but the trustee must guard against the possibility that a particular settlor’s wishes are based upon an unreasonable animus against a particular beneficiary because if so, the trustee might conclude that little weight should be given to those wishes as against other factors…”
This webinar will pose the question, when does unreasonable animus cross over the line of incapacity?
HIGHLIGHTS
The webinar, which will conclude with a question and answer section, will also consider capacity by refence to case law and the relevant legislation.
Topics covered will include:
• The requirements of a valid trust
• Relevant tests of capacity
• Settlor capacity – both as a named or economic settlor
• Capacity to make or update a memorandum of wishes
• Exercising powers to appointing and remove beneficiaries
• Exercising powers to appointing and remove trustees
• Making a will that appoints beneficiaries or trustees or assigns powers of appointment
• Making, updating and revoking memoranda of wishes, and
• Exercise of wider trust related powers by an attorney under an enduring power of attorney
WHY ATTEND
Capacity is a commonly considered aspect of the ability to make a will or act as a trustee but is commonly overlooked in the wider exercise of trust related decisions, rights and powers.
Speakers
2022 Speaker
Vicki Ammundsen
Director, Vicki Ammundsen Trust Law Limited.
Sponsors & Partners
2022 Partners
• Marks & Worth
• The College of Law
• Turner Hopkins
• Mind Balance
• Inland Revenue
• Kiwiboss
• Employee Solution Service
• David Forman
• Sboo
• Auldhouse
• Advisory boardsnz
• MBI Ey
• Bakertilly
• Governance & Secretariat Ltd
• Findex
• Teo
• Tomlinson Law
• Vicki Ammunsen Trust Law