Cross-border estates

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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
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
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
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
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
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
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 estates content

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 23rd 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
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
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 Apr
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 9th Apr
Q&As
It is only possible to reseal probate documents that have been issued by a jurisdiction which falls within t...
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1st Apr
Practice notes
Coronavirus (COVID-19): Following the enactment of the Coronavirus Act 2020 on 25 March 2020, special temporary procedures apply to the preparation of...
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5th Mar
Practice notes
Where the deceased died domiciled in a country to which the Colonial Probates Act 1892 (CPA 1892) and the Colonial Probates (Protected States and...
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1st Mar
Practice notes
Deceased domiciled outside England and WalesA grant issued in England and Wales will be necessary to administer those assets if the deceased died...
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25th Feb
Practice notes
For probate purposes, the UK consists of three jurisdictions:•England and Wales•Scotland•Northern IrelandIf the deceased dies domiciled in one of...
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25th Feb
Q&As
Unfortunately, US grants cannot be resealed in the UK so if there are UK situs assets in the estate, a separate UK grant will need to be applied for...
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Produced in partnership with Nicholas Holland of McDermott Will & Emery 15th Feb
Q&As
For probate purposes, the UK consists of three jurisdictions:•England and Wales•Scotland•Northern IrelandIf the deceased dies, domiciled in one of...
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15th Feb
Q&As
The provisions of the Administration of Estates Act 1971 (AEA 1971) apply to all three jurisdictions of the UK: England and Wales, Scotland and...
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Produced in partnership with Oliver Auld of Charles Russell Speechlys LLP 15th Feb

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