Simon Weil



Partner


simon.weil@ah.co.nz

+64 9 920 6470

+64 29 649 4976

Auckland

Simon’s Trust and Asset Protection Planning practice is supported by background experience in the property, company and commercial fields developed while working in Australia, England and in New Zealand.

His depth and breadth of experience, combined with empathy and willingness to listen, places Simon in a unique position to help his clients. Despite the technical nature of his field of work, Simon brings a practical approach to what he does so that clients are better able to understand what can be complex legal arrangements.

Simon also has an international practice which involves him working with off-shore clients and intermediaries in respect of NZ Foreign Trusts.

He is a co-author of the Brookers ‘NZ Guide to Trusts’.


Key Transactions

Advised:

  • Clients in relation to the establishment of appropriate trust and related structures to hold assets to achieve business and/or personal objectives.
  • Trustees in relation to administration and restructuring trusts and to executors of estates in relation to administration and distribution of estates.
  • International Trust Companies in relation to compliance with New Zealand law.
  • Intermediaries in relation to the Zealand Foreign Trust Regime.
  • On the impact the Family Protection Act, the Property (Relationships) Act and the Law Reform (Testamentary Promises) Act in relation to the preparation of wills and the administration of estates.
  • In relation the preparation of Enduring Powers of Attorney including advice to both the donor of the power and to attorneys on their responsibilities under Enduring Powers of Attorney.

Acting:

  • As court property manager for incapacitated person in the review and remediation of trust and related affairs.
  • Joint property manager in the management and administration of affairs for clients who have lost capacity.

Established:

  • New Zealand Foreign Trusts for non-NZ resident clients.

Prepared:

  • Agreements contracting out of the Property (Relationships) Act 1976.

Continued:

  • Trusteeship for high net worth clients.


Directories

  • Chambers and Partners, Band 2, Ranked


Credentials

Bachelor of Laws (LLB), Queensland Institute of Technology

Certificate of Proficiency in Tax, University of Auckland


Admission to the Bar

Australia, 1988

New Zealand, 1993


Professional Memberships

Estate and Taxation Planning Council of New Zealand, Member

S.T.E.P. – The internationally renowned Society of Trust and Estate Practitioners, London, England

New Zealand Institute of Chartered Accountants Trusts Special Interest Group, Member


Simon is a regular presenter on Trusts and related matters for the New Zealand Law Society and has also presented seminars for the Auckland District Law Society, the New Zealand Institute of Chartered Accountants and STEP

Contributed Articles

  • Where there’s a Will there’s a way

    The COVID-19 pandemic may prompt you to consider whether your existing estate and asset planning arrangements are appropriate and up to date.   It is an exercise that is often put in the ‘too hard’ basket because, well, let’s face it, there are usually other, more interesting things to do in what little spare time […]

  • New Trusts Act 2019

    The law relating to trusts has been comprehensively reviewed. This review has culminated in the Trusts Act 2019 which was passed in July and comes into full force on 30 January 2021. The Act applies to all trusts, both existing and any new trusts. The main theme of the Act is accountability for beneficiaries and […]

  • What the Trusts Bill could mean for you as a trustee?

    Trusts are very popular in New Zealand and are used in a variety of ways to protect property, family members and manage assets. Between 300,000 to 500,000 trusts are operational in New Zealand, and the proposed changes will impact many New Zealanders. Following a review of trust law in New Zealand by the Law Commission […]

  • End of a relationship – New changes proposed on how your property and assets may be shared

    Whether you are married, or in a de facto relationship, whether you have a pre-nup or not, in the event your relationship comes to an end either through separation or death the division of property and assets may be affected by the terms of the Property (Relationships) Act. With around 10,000 marriages being dissolved each […]