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Practice notes
On the face of it, there would appear to be no specific impediment, if there is no reason to suppose that a person is without capacity, in them...
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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
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
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
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
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
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
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
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
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
Precedents
This Deed of Appointment is made on [date] by [trustee] of [address] and [trustee] of [address] (the Trustees).Background(A)This Deed is supplemental...
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9th Nov
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
Precedents
This partial deed of revocation is made on [date] by [donor] of [address].1I granted a Lasting Power of Attorney for [Financial Decisions/Health and...
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9th Nov
Practice notes
Liferent trustsA liferent trust (or trust liferent) is a trust which, when settled, confers a use and income benefit, or both, in the trust property...
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Produced in partnership with Peter Murrin of Turcan Connell 12th Jan
Practice notes
An offshore trust is any non-UK resident trust. The liability of trustees of an offshore trust to UK inheritance tax (IHT) is not dependent on the...
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Produced in partnership with Jenny Wilson-Smith and Emma Haley of Boodle Hatfield 12th Jan
Practice notes
Express creation of trustsA trust is constituted expressly where the owner of property (the truster) transfers property to trustees to hold for...
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Produced in partnership with Yvonne Evans, Law Lecturer, Solicitor (non-practising), TEP, University of Dundee 12th Jan

Most recent Cross-border planning content

Practice notes
This guide sets out the requirements for executing deeds in various international jurisdictions. The table provides a quick-reference summary of the...
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Produced in partnership with Diego Krischcautzky of Marval, O’Farrell & Mairal 19th Jan
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 19th Jan
Practice notes
IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...
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17th Jan
Practice notes
IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...
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17th Jan
Practice notes
This Practice Note covers UK inheritance tax (IHT) issues in cross-border situations and deals with: actual and deemed domicile; double tax treaties...
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Produced in partnership with Richard Frimston and Andrew Godfrey of Russell-Cooke Solicitors 15th Jan
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 15th Jan
Practice notes
Conversion into sterlingIt is a basic rule that, in order to calculate the UK tax, all income and gains must be expressed in sterling. Where income is...
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Produced in partnership with Paul Davies of Clarke Willmott 15th Jan
Practice notes
UK practitioners will come across situations whereby complex US and UK tax issues arise for estates of decedents who were domiciled in the UK at death...
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Produced in partnership with Martin Scullion, Director at Buzzacott LLP 15th Jan
Practice notes
Application for Grant of ProbateGuernsey domiciled testatorThe probate jurisdiction in Guernsey is administered by the Ecclesiastical Court. The daily...
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15th Jan
Practice notes
This Practice Note produced in partnership with Adeline Wong, Istee Cheah and Justin Chong of Wong & Partners, Kuala Lumpur.IntroductionMalaysia...
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15th Jan
Practice notes
AAdministrationThe process starting on the date of the deceased's death and ending on the date the deceased's affairs are finalised by his personal...
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15th Jan
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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15th Jan
Practice notes
Tax domicile (domicile fiscal)Individuals are subject to French tax on a worldwide basis where their domicile fiscal is situated in France.Domicile is...
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Produced in partnership with Patrick Delas of Russell-Cooke 15th Jan
Practice notes
Interaction of matrimonial and other lawsMarriage can affect the rights of the parties in one or more of the following ways:Matrimonial contract and...
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Produced in partnership with Richard Frimston and Helen Tulloch of Russell-Cooke Solicitors LLP 15th Jan
Practice notes
Broadly speaking, UK inheritance tax (IHT) is payable on lifetime transfers or on death on any foreign assets owned by an individual domiciled (or...
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Produced in partnership with Andrew Godfrey and Jenny Cooper of Russell-Cooke Solicitors 15th Jan
Practice notes
Many individuals have international connections that need to be considered when advising on succession planning. For example, they may have been born...
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Produced in partnership with Russell-Cooke Solicitors 15th Jan
Practice notes
This Practice Note was produced in partnership with Anthony Partridge of Ogier, Cayman Islands and Wisdom Hon of Ogier, Hong Kong.IntroductionFor...
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15th Jan
Practice notes
Tax auditsSelection of audit targetsIn Malaysia, taxpayers are required to determine their tax liabilities and assume responsibility for filing their...
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Produced in partnership with Adeline Wong, Jason Liang and Kellie Yap of Wong & Partners 15th Jan
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 15th Jan
Practice notes
Legal frameworkWhile it is not a legal requirement to obtain a grant of probate in Guernsey in respect of a Will of the deceased, it is usually a...
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15th Jan

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