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LLM, BA/LLB(Hons)
Sally Morris is the founding partner of Morris. Sally is admitted as a barrister and solicitor in New Zealand, New South Wales and New York and has a master of laws degree from Columbia University in New York.
Sally began her career as a Crown prosecutor where she obtained extensive court room and advocacy experience. Sally also has significant commercial experience, including acting for Samsung in the Federal Court of Australia litigation against Apple. Sally’s combined criminal and commercial litigation experience provides a unique viewpoint from which to resolve private client disputes.
Sally has an established reputation in the field of relationship property, trust and estate disputes. In 2022, Sally was listed as a leading family and relationship property lawyer in Doyles Guide. Sally was recognised in the 2016 NZ Lawyer 2016 Hotlist as “one to watch” and was a finalist for the Young Private Practice Lawyer of the Year at the 2016 New Zealand Law Awards.
Sally has been published in the New Zealand Law Journal and the International STEP Journal with articles relating to the role of charities in estate disputes and the application of the Wills Act by the High Court.
Sally regularly presents papers to industry conferences around New Zealand including recent presentations on the use of trusts to protect assets, the role of the independent trustee, challenges to estates and the implications of the recent Supreme Court decision of Clayton v Clayton in terms of asset protection following the end of a relationship.
Sally is a STEP Affiliate member and has completed the STEP Advanced Diploma in Trusts and Estates. Sally is also a member of the Auckland Women Lawyers’ Association and the Family Courts Association.
Experience
Representing a mother in a successful application in the Family Court for guardianship orders under s 46R of the Care of Children Act 2004 appointing her as sole guardian for decisions about the children's names, their residence (including domestic and international travel), medical treatment and education and to change the children's surnames: Norton v Ru [2022] NZFC 1748
Successfully defended, on behalf of an adult child, claims against his mother’s estate made by her de facto partner under the Family Protection Act 1955 and for equitable contribution to mortgage in the High Court: Zhang v Guo [2021] NZHC 714
Providing expert evidence in a United Kingdom estate case on the interpretation of wills in New Zealand: Clarke-Sullivan v Clarke-Sullivan [2021] EWHC 4 (Ch)
Acting for the creditors of an estate bringing claims in the High Court against the administrator for breach of duties, removal as administrator and knowing receipt.
Settled high net worth relationship property proceedings against deceased ex-partner’s estate, involving assets in multiple jurisdictions and claims against trusts and companies.
Representing the husband in a successful application to set aside agreement dividing relationship property on the basis that agreement gave rise to serious injustice.
Acting for charity in its capacity as beneficiary of an estate in settling High Court claim under the Law Reform (Testamentary Promises) Act 1949.
Acting for the husband in defending high net worth relationship property claims involving applications seeking leave to bring claims out of time, setting aside a relationship property agreement, seeking compensation for economic disparity, spousal maintenance and claims against trusts.
Acting for wife in 5 day trial in the Family Court to divide relationship property including claims for compensation for economic disparity, spousal maintenance, post separation adjustments, occupation rent and claims against trusts under the Family Proceeding Act 1980 and the Property (Relationships) Act 1976.
Acting for sibling beneficiaries of estate in defending High Court proceedings by other sibling beneficiaries claiming lack of testamentary capacity and breach of moral duty under the Family Protection Act 1955.
Acting for adult children in claims by other children under the Family Protection Act 1955 alleging breach of moral duty.
Advising trustees of charitable trust in relation to governance and trust issues.
Acting for the mother in an urgent Family Court application to rescind orders preventing her from having care of her children.
Seeking guardianship directions in the Family Court on behalf of a mother.
Publications
The role of charities in estate disputes (paper presented at JBWere, October 2022)
Farm Succession: Avoiding disputes down the road (paper presented through Legalwise, June 2022)
Review of recent trust law case developments and their implications (paper presented through Legalwise, May 2022)
Where there’s a will, there’s a way (to fix it and challenge it) (paper presented through Legalwise, March 2022)
Estate planning for elderly and vulnerable clients, (paper presented through NZLS, November 2021)
Being a trustee in today’s climate: How trustees can navigate current challenges while juggling the new trust law (paper presented through Legalwise, March 2021)
Dissolving a marriage or civil union – The FISAbility of contacting out: Agreements under the PRA and the Law Commission’s proposal for Family Income Sharing Arrangements (paper presented through Legalwise, March 2020)
Supreme Court provides guidance to lawyers on testamentary capacity (2019) 933 LawTalk
Court supervision of trusts – The principles and practice (paper presented through NZLS, June 2019)
Avoiding wills disputes: Where there’s a will, there’s a way (to fix it) (paper presented through Legalwise, March 2019)
Dissolving a marriage or civil union – The FISAbility of contacting out: Agreements under the PRA and the Law Commission’s proposal for Family Income Sharing Arrangements (paper presented through Legalwise, March 2020)
Unwanted guests: Cost consequences for trustees following Guest v Guest [2019]NZCA 64 (2020) STEP Journal
Unwanted guests: Independent trustees in family trust disputes (paper presented through Legalwise, November 2019)
Unwanted guests: Court of Appeal determines costs after trustees refuse to step aside (2019) 934 LawTalk
Supreme Court provides guidance to lawyers on testamentary capacity (2019) 933 LawTalk
Difficult assets to divvy up: Shareholdings, Directorships, Real Property and Trusts (paper presented through Legalwise, March 2018)
Enduring powers of attorney: the what, the why and the how (paper presented through Legalwise, March 2018)
Where there’s a will, there’s a way (to challenge it) (paper presented through Legalwise, September 2017)
Enforcing Promises – The Testamentary Promises Act (paper presented through Legalwise, August 2017)
Challenges to Estates: An overview of common issues in estate litigation (paper presented through Legalwise, March 2016)
Independent’s Day: stand up and be counted (paper presented through NZLS, May 2015)
Free Will: How the New Zealand High Court is applying s14 of the Wills Act 2007 (2015) STEP Journal
Representing a mother in a successful application in the Family Court for guardianship orders under s 46R of the Care of Children Act 2004 appointing her as sole guardian for decisions about the children's names, their residence (including domestic and international travel), medical treatment and education and to change the children's surnames: Norton v Ru [2022] NZFC 1748
Successfully defended, on behalf of an adult child, claims against his mother’s estate made by her de facto partner under the Family Protection Act 1955 and for equitable contribution to mortgage in the High Court: Zhang v Guo [2021] NZHC 714
Providing expert evidence in a United Kingdom estate case on the interpretation of wills in New Zealand: Clarke-Sullivan v Clarke-Sullivan [2021] EWHC 4 (Ch)
Acting for the creditors of an estate bringing claims in the High Court against the administrator for breach of duties, removal as administrator and knowing receipt.
Settled high net worth relationship property proceedings against deceased ex-partner’s estate, involving assets in multiple jurisdictions and claims against trusts and companies.
Representing the husband in a successful application to set aside agreement dividing relationship property on the basis that agreement gave rise to serious injustice.
Acting for charity in its capacity as beneficiary of an estate in settling High Court claim under the Law Reform (Testamentary Promises) Act 1949.
Acting for the husband in defending high net worth relationship property claims involving applications seeking leave to bring claims out of time, setting aside a relationship property agreement, seeking compensation for economic disparity, spousal maintenance and claims against trusts.
Acting for wife in 5 day trial in the Family Court to divide relationship property including claims for compensation for economic disparity, spousal maintenance, post separation adjustments, occupation rent and claims against trusts under the Family Proceeding Act 1980 and the Property (Relationships) Act 1976.
Acting for sibling beneficiaries of estate in defending High Court proceedings by other sibling beneficiaries claiming lack of testamentary capacity and breach of moral duty under the Family Protection Act 1955.
Acting for adult children in claims by other children under the Family Protection Act 1955 alleging breach of moral duty.
Advising trustees of charitable trust in relation to governance and trust issues.
Acting for the mother in an urgent Family Court application to rescind orders preventing her from having care of her children.
Seeking guardianship directions in the Family Court on behalf of a mother.
The role of charities in estate disputes (paper presented at JBWere, October 2022)
Farm Succession: Avoiding disputes down the road (paper presented through Legalwise, June 2022)
Review of recent trust law case developments and their implications (paper presented through Legalwise, May 2022)
Where there’s a will, there’s a way (to fix it and challenge it) (paper presented through Legalwise, March 2022)
Estate planning for elderly and vulnerable clients, (paper presented through NZLS, November 2021)
Being a trustee in today’s climate: How trustees can navigate current challenges while juggling the new trust law (paper presented through Legalwise, March 2021)
Dissolving a marriage or civil union – The FISAbility of contacting out: Agreements under the PRA and the Law Commission’s proposal for Family Income Sharing Arrangements (paper presented through Legalwise, March 2020)
Supreme Court provides guidance to lawyers on testamentary capacity (2019) 933 LawTalk
Court supervision of trusts – The principles and practice (paper presented through NZLS, June 2019)
Avoiding wills disputes: Where there’s a will, there’s a way (to fix it) (paper presented through Legalwise, March 2019)
Dissolving a marriage or civil union – The FISAbility of contacting out: Agreements under the PRA and the Law Commission’s proposal for Family Income Sharing Arrangements (paper presented through Legalwise, March 2020)
Unwanted guests: Cost consequences for trustees following Guest v Guest [2019]NZCA 64 (2020) STEP Journal
Unwanted guests: Independent trustees in family trust disputes (paper presented through Legalwise, November 2019)
Unwanted guests: Court of Appeal determines costs after trustees refuse to step aside (2019) 934 LawTalk
Supreme Court provides guidance to lawyers on testamentary capacity (2019) 933 LawTalk
Difficult assets to divvy up: Shareholdings, Directorships, Real Property and Trusts (paper presented through Legalwise, March 2018)
Enduring powers of attorney: the what, the why and the how (paper presented through Legalwise, March 2018)
Where there’s a will, there’s a way (to challenge it) (paper presented through Legalwise, September 2017)
Enforcing Promises – The Testamentary Promises Act (paper presented through Legalwise, August 2017)
Challenges to Estates: An overview of common issues in estate litigation (paper presented through Legalwise, March 2016)
Independent’s Day: stand up and be counted (paper presented through NZLS, May 2015)
Free Will: How the New Zealand High Court is applying s14 of the Wills Act 2007 (2015) STEP Journal
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