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Practice notes
When you advise an individual on cross-border issues or offshore tax planning, it is important to establish the 'situs' (ie location) of the assets...
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9th Nov
Practice notes
Duty to distribute to the correct beneficiariesOn the termination of the trust, the trustees are under a duty to distribute the trust assets to the...
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9th Nov
Practice notes
Duration of a trustThe duration of an express trust is subject to the restrictions imposed by the rules against remoteness of vesting and against the...
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9th Nov
Practice notes
Where a beneficiary either:•is a minor (ie under the age of 18) and unmarried or•has attained majority or has married under that date but is required...
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9th Nov
Practice notes
Trust litigation has been classified as being of three types:•a dispute as to the trusts on which trustees hold the subject matter of the settlement•a...
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9th Nov
Practice notes
This Practice Note provides guidance on Cayman Islands STAR trusts. For general information about the Cayman Islands, see Practice Note: Private...
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Produced in partnership with Mourant Ozannes and Carey Olsen 12th Jan
Practice notes
This Practice Note outlines Bermuda trust law and focuses upon its unique features and recent reforms, such as Bermuda's regime for private trust...
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Produced in partnership with Vanessa Lovell Schrum and Caljonah Smith of Appleby, Bermuda 12th Jan
Practice notes
When trustees are engaged in trust litigation, issues often arise as to how their litigation costs are to be funded. A Beddoe application is the best...
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Produced in partnership with Kate Davenport QC of Outer Temple Chambers and Adele Isaacs of Bankside Chambers 12th Jan
Practice notes
A trust is formed either by lifetime gift or on death when a person (the settlor) transfers assets to another person or persons (the trustees) to hold...
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Produced in partnership with Mourant Ozannes and Carey Olsen 12th Jan
Practice notes
The issue of sham is most likely to be raised by the settlor's creditors or former spouse if the settlor is involved in matrimonial proceedings, who...
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9th Nov
Practice notes
Offshore income gains (OIGs) are gains realised on the disposal of interests in offshore funds which are either:•non-distributor offshore funds, or...
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9th Nov
Practice notes
The term 'relevant property' defines a category of trust property which is subject to a special regime for inheritance tax (IHT). As described in...
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Produced in partnership with Paul Davies of Clarke Willmott 12th Jan
Practice notes
A lifetime gift is a gratuitous transfer of ownership of any property between living persons and not made in expectation of death. In contrast, gifts...
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9th Nov
Practice notes
CertaintyIn order for a settlor to create a private express trust the three certainties must be present, namely:•certainty as to the intention of the...
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9th Nov
Practice notes
What is a blind trust?A blind trust is a trust that is aimed at preventing conflicts of interest arising. Usually, the settlor and beneficiary of the...
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Produced in partnership with Michael O’Sullivan of 5 Stone Buildings 12th Jan
Practice notes
The principles of the notarial act are that it is:•an act of the notary and not of the parties named in the document•a record of a fact, event or...
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9th Nov

Most recent Cross-border planning content

Practice notes
Execution of deeds—jurisdictional guideThis guide sets out the requirements for executing deeds in various international jurisdictions. The table...
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Produced in partnership with Diego Krischcautzky of Marval, O’Farrell & Mairal 15th May
Practice notes
Recognition of overseas divorce or dissolution of civil partnership11pm (GMT) on 31 December 2020 marked the end of the Brexit...
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13th May
Practice notes
Recognition of overseas marriage or civil partnershipIn contrast to the recognition of overseas divorce or dissolution of civil partnership, the...
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13th May
Practice notes
Glossary of UK trust and taxation law terms for international clientsAAdministrationThe process starting on the date of the deceased's death and...
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13th May
Practice notes
Situs of assets for succession and IHTWhen you advise an individual on cross-border issues or offshore tax planning, it is important to establish the...
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13th May
Practice notes
Recognition of grants and confirmations within the UKFor probate purposes, the UK consists of three jurisdictions:•England and Wales•Scotland•Northern...
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13th May
Practice notes
BREXIT IMPACT: As of exit day (31 January 2020) the UK is no longer an EU Member State. The effect of Brexit on the EU Succession Regulation...
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Produced in partnership with Michael Wells-Greco and Sophie Hart of Charles Russell Speechlys 10th May
Practice notes
11pm (GMT) on 31 December 2020 marked the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU....
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Produced in partnership with David Salter, deputy High Court judge and Recorder 5th May
Practice notes
Conflict of laws and taxThe fact that different states may use common law domicile, deemed domicile, applicable law, civil law domicile, tax...
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Produced in partnership with Rebecca Fisher and Andrew Godfrey of Russell-Cooke Solicitors 9th Apr
Practice notes
Which succession laws apply will be decided differently by different jurisdictions depending on the connecting factor accepted and used by that...
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Produced in partnership with Richard Frimston, Andrew Godfrey and Patrick Malone of Russell-Cooke Solicitors 9th Apr
Practice notes
This Practice Note summarises the issues that need to be considered when personal representatives wish to undertake planning to reduce or defer the UK...
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Produced in partnership with Richard Frimston of Russell-Cooke Solicitors 9th Apr
Practice notes
Common law and civil law principles affecting foreign estatesPersonal representatives (PRs) will come across foreign estates in the context of assets...
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9th Apr
Practice notes
English law distinguishes between the law governing the administration of a deceased's estate and that governing succession to the estate.In most...
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9th Apr
Practice notes
Every Muslim should deal with the distribution of their estate according to the principles of inheritance set by Islamic law. Dealing with all the...
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9th Apr
Practice notes
Increasingly, UK trustees hold foreign assets as part of trust property. This may be because:•they have been put into trust by the original...
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9th Apr
Practice notes
Trust law principlesA trust is not a legal entity in itself but is a legal relationship which involves a person (ie the settlor) transferring his or...
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Produced in partnership with Adeline Wong, Istee Cheah and Lisa Yeoh of Wong & Partners 9th Apr
Practice notes
IntroductionIt is common for a person who is not domiciled in Jersey, but who has Jersey situs assets, to put a separate Jersey Will in place to...
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9th Apr
Practice notes
Unilateral relief may be available as a credit against UK inheritance tax (IHT) where a tax of a character similar to IHT has been imposed on property...
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Produced in partnership with Andrew Godfrey and Yousafa Hazara of Russell-Cooke Solicitors LLP 9th Apr

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