Areas of expertise

  • Acting in litigation, arbitration or mediation involving discretionary family trusts - acting for either trustees, beneficiaries, appointors or settlors
  • Advising trustees regarding decision-making and the factors they need to consider when making distributions and other important decisions affecting trust property
  • Advising beneficiaries on how to challenge trustee decisions
  • Advising trustees about their obligations to give disclosure of basic or particular trust information disclosure and advising beneficiaries regarding their entitlement to that information
  • Acting for trustees or claimants when there are challenges to an estate or trust under
    • the Family Protection Act - where it is alleged the will/intestacy left insufficient for the claimant’s support and maintenance
    • the Law Reform (Testamentary) Promises Act - where it is alleged the deceased promised the claimant ‘reward’ for services in their will, but failed to make good on that promise
    • the Family Proceedings Act - where the expectations of a married spouse from a discretionary family trusts have been dashed by dissolution of the marriage
  • Assisting with applications to the court for validation of documents ‘as a will’ when they fail to comply with the statutory requirements for documenting, signing and witnessing a will
  • Assisting with applications to the High Court to vary or rectify trust deeds under the Trustee Act or in equity
  • Assisting with applications under Wills Act, Trustee Act and Administration Act
  • Advising trustees or attorneys in respect to enduring powers of attorney and how to deal with people suffering mental incapacity
  • Advising on any issues arising out of the Protection of Personal and Property Rights Act 1988
  • Acting for plaintiffs or defendants in trust and relationship/matrimonial property litigation
  • Acting for plaintiffs or defendants in claims based on direct and indirect contributions to the property held in the trust