Trust Series 2025 – Wills and Testamentary Trusts

Equip your clients with smarter wills—this webinar gives estate professionals the practical tools and drafting insights to manage testamentary trusts with confidence and clarity

“Finally, I note that there is a real question as to the conduct of the professional advisers of Leo, his estate and the Leo Trust. This application (and the significant legal and professional fees incurred by the Leo Trust) could likely have been avoided given that Leo was settlor, trustee and a discretionary beneficiary of the Leo Trust as creditor. Leo was also the debtor. This could also have avoided hardship to Judith who appears to have been caught in the middle of a dispute between Suzanne and Michael over their father’s estate. The transfer of the Tauwhare property to the Suzanne Trust only became an issue because of the current account deficit recorded in Leo’s financial statements as a liability and recorded in the Leo Trust’s financial statements as an asset… I need not make any findings as to the conduct of the professional advisers as they are not parties to this proceeding and have not had an opportunity to be heard. I do however, acknowledge the unnecessary stress caused to Judith...”

CA Trustees (Tillemans) Limited v Tillemans at [51].

HIGHLIGHTS
This webinar, which will conclude with a question-and-answer session, will consider:

• testamentary capacity
• the extent to which default duties under the Trusts Act 2019 should be modified or excluded by the terms of a will
• adviser obligations relating to the modification or exclusion of default duties
• identifying and recording assent
• the application of the Administration Act 1969 and / or the Trusts Act to changes in executors / trustees
• jurisdictional considerations
• tax considerations
• addressing debts owing to or by the will-maker
• appropriate powers and limitation of liability
• variation of testamentary trusts, and
• terms of testamentary trusts

The webinar will reference relevant case law.

WHY ATTEND
Testamentary trusts do not arise in all estates. However, even when not intended, testamentary trusts can arise and a well-drafted will should contemplate this.
This webinar, which will include a comprehensive workbook, will canvas the practical aspects of assent from the administration phase of an estate to the trustee phase; appropriate will drafting; how to advise will-makers where a testamentary trust is intended or could arise together with an exploration of jurisdictional and tax considerations so that will drafters are equipped to properly advise their clients. The webinar will also consider the practical aspects of managing testamentary trusts such as changes of trustees, variation and adopting a formal trust deed.

LEARNING OUTCOMES

Attendees will learn:

• how to advise will-makers with respect to the application of the Trusts Act
• specific considerations with respect to non-resident executors and beneficiaries
• the importance of keeping debts owing to or by the will-maker under review
• tax considerations
• retirement and replacement of executors and trustees, and
• variation and management of testamentary trusts

SUITED TO

This webinar is targeted at practitioners at all levels but will be of particular benefit to practitioners who advise trustees or who are trustees or directors of trustee companies.

PRESENTER

Vicki Ammundsen, Director, Vicki Ammundsen Trust Law Limited

Vicki is a director at Vicki Ammundsen Trust Law. Vicki's approach to trust law is practical but also grounded in a good understanding of trust law principles, related legislation, and case law. As the author of a number of texts including Taxation of Trusts, the Trustee's Handbook and Trustee Liability, Vicki is well placed to provide advice on all areas of trust law.