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Practice notes
Capital gains tax issues on deathSTOP PRESS: The Office of Tax Simplification published its first report on the review of capital gains tax (CGT) on...
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19th May
Practice notes
What is an offshore trust?A trust is formed either by lifetime gift or on death when a person (the settlor) transfers assets to another person or...
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Produced in partnership with Mourant Ozannes and Carey Olsen 19th May
Practice notes
Nature and classification of trusts—the three certaintiesCertaintyIn order for a settlor to create a private express trust the three certainties must...
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19th May
Practice notes
Creation of trusts—beneficiariesWho may be beneficiariesEvery person who would be capable of owning property if of full age and sound mind may be a...
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19th May
Practice notes
CGT—giftsA gift of an asset is a disposal for capital gains tax (CGT) purposes. It can, therefore, trigger a CGT charge on the gain deemed to have...
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Produced in partnership with Laura Poots (Barrister) of Pump Court Tax Chambers 19th May
Practice notes
CGT—reliefsFORTHCOMING CHANGE: On 14 July 2020, the Office of Tax Simplification (OTS) published its online survey and a call for evidence to seek...
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19th May
Practice notes
Beddoe applicationsWhen trustees are engaged in trust litigation, issues often arise as to how their litigation costs are to be funded. A Beddoe...
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Produced in partnership with Kate Davenport QC of Outer Temple Chambers and Adele Isaacs of Bankside Chambers 19th May
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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19th May
Practice notes
Creation of trusts—blind trustsWhat is a blind trust?A blind trust is a trust that is aimed at preventing conflicts of interest arising. Usually, the...
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Produced in partnership with Michael O’Sullivan of 5 Stone Buildings 19th May
Practice notes
The Cy-près doctrineFORTHCOMING CHANGE: On 22 March 2021, the government published its response  to the Law Commission’s report of 14 September 2017,...
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19th May
Practice notes
Relief for income tax lossesReliefs entitle taxpayers to reduce the amount of income tax payable. When calculating liability to income tax, a taxpayer...
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19th May
Practice notes
Termination of trusts—methods of terminationDuration of a trustThe duration of an express trust is subject to the restrictions imposed by the rules...
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19th May
Practice notes
Costs and expenses in the Court of ProtectionThere are court fees and disbursements which will be payable by all applicants on making a new...
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19th May
Practice notes
Trust disputes—court jurisdiction and procedureTrust litigation has been classified as being of three types:•a dispute as to the trusts on which...
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19th May
Practice notes
Trustees—self-dealing, unauthorised profits and conflicts of interestThe self-dealing ruleThe self-dealing rule is connected to, but distinct from,...
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19th May
Practice notes
Discretionary trusts—ScotlandWhat is a discretionary trust?A discretionary trust or discretionary settlement is an arrangement created when an...
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Produced in partnership with Peter Murrin of Turcan Connell 19th May

Most recent Cross-border planning content

Q&As
Does the limited spouse exemption for transfers to non-domiciled spouses apply in addition to the basic nil rate band?Section 18 of the Inheritance...
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5th Jun
Q&As
Would a French property owned by a UK domiciled individual qualify for the residence nil rate band? What, if any, provision should the individual make...
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5th Jun
Q&As
D died domiciled in England and Wales, but had made a Will in Scotland when resident there in the past. Which oath for executors should be used to...
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5th Jun
Practice notes
The taxation of trustee and trust funds in MalaysiaTrust law principlesA trust is not a legal entity in itself but is a legal relationship which...
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Produced in partnership with Adeline Wong, Istee Cheah and Lisa Yeoh of Wong & Partners 5th Jun
Q&As
An individual domiciled in England holds the majority of their assets there except for a holiday home in Scotland. Can the Scottish property be dealt...
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5th Jun
Q&As
Can a Will be drafted to the effect that, for a testator domiciled in the UK, with assets in both Spain and Germany, it will only relate to the assets...
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5th Jun
Q&As
Are personal injury trusts governed by English Trust law recognised in Gibraltar? Further, are trustees of a personal injury trust able to acquire...
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5th Jun
Q&As
X wishes to make a Will under English law dealing only with their UK assets. Can X sign the Will with what is their usual signature using foreign...
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Produced in partnership with Helen Galley of XXIV Old Buildings 5th Jun
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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5th Jun
Practice notes
Application for BVI grant, resealing and estate administrationWhen a person has passed away leaving assets with a situs in the British Virgin Islands...
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5th Jun
Practice notes
Hong Kong estate administration—foreign assets and domicilesThis Practice Note is produced in partnership with Winnie Cheng of TS Tong & Co, Hong...
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5th Jun
Practice notes
Domicile and habitual residence11pm (GMT) on 31 December 2020 marked the end of the Brexit transition/implementation period entered into following the...
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Produced in partnership with David Salter of Deputy High Court judge and Recorder 5th Jun
Practice notes
Unilateral relief—UK IHTUnilateral relief may be available as a credit against UK inheritance tax (IHT) where a tax of a character similar to IHT has...
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Produced in partnership with Andrew Godfrey and Yousafa Hazara of Russell-Cooke Solicitors LLP 5th Jun
Practice notes
BVI Wills for non-BVI domiciled personsThis Practice Note is produced in partnership with Marcus Leese of Ogier Guernsey and Wisdom Hon of Ogier Hong...
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5th Jun
Practice notes
International issues relating to the protection of vulnerable adultsCross-border issues arise whenever someone holds assets in more than one...
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5th Jun
Practice notes
Mixed domicile spouses and civil partnersSection 18 of the Inheritance Tax Act 1984 (IHTA 1984) contains an unlimited exemption from inheritance tax...
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5th Jun

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