Estate Planning

Taxation of trusts and estates in Mexico

By Sergio Guerrero Rosas, Guerrero Santana

There have been various changes to tax planning and the use of offshore entities over the last few years in Mexico following a wave of new rules and regulations. Nonetheless, there are a number of benefits to a carefully implemented trusts strategy. By understanding a few of the key principles at work in Mexican estate planning and fideicomisos (trusts), families can successfully protect their wealth as they pass assets on from one generation to the next, helping them to properly achieve tax efficiency, compliance and confidentiality.

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Estate Planning

Trust Letters of Wishes – a Trust Officer’s View

By Brian Hatton, Greystone LLC

The Anglo Saxon form of discretionary trust has been popularly used for a very long time, amongst other things to help manage the protection and (hopefully, orderly) distribution and redistribution of family wealth. This article is from a practitioner’s standpoint to highlight some simple practices that can help create a great result rather than a cautionary tale.

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Estate Planning

Individual savings, personal pension plan… what’s new in the UK?

By Bérangère Hassenforder, Anthony & Co UK Ltd

As a reminder, an individual savings account provides a tax free environment for savings. On 1 July 2014, all ISAs became New ISAs or NISAs. The government changed the name to reflect the increased limits and flexibility that are available to account holders. From 1 July, the annual allowance is increased and individuals are able to save up to a maximum of GBP 15,000 in this efficient tax wrapper for the 2014/15 tax year.

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Estate Planning

Should I go should I stay? Should I buy should I sell?

By Prof. Robert Anthony, Anthony & Cie

Many people today are rather confused. They see a government in France that frightens them. Property seems difficult to assess. Everyone says it is a buyers’ market. But how true is any of this? Taxation is becoming ever more complicated with each new finance act. Those living on retirement pensions see their net income falling and are worried about the future.

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Estate Planning

Key estate planning issues for foreign residents in Mexico

By Sergio Guerrero Rosas, Guerrero y Santana, S.C.

The issue of estate planning should be of importance to anyone who owns anything from a home to a car, from savings accounts to a nice electric guitar. As a result, we should all be aware of the processes involved in the preparation of wills and trusts, and be concerned not to die intestate (if at all), that is to say, without having given direction for the distribution of property and possession.

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Estate Planning

Italy: Natural becomes legitimate

By Patrizia Giannini, S4B Solutions 4 Business

Revolutionary reforms to laws of he­reditary succession, No. 219/12: The Italian Parliament has recently enacted a new law, No. 219/12, which became effective on 1 January 2013. This has amended the provisions of the Civil Code relating to filiation (wills and hereditary descent), eliminating all distinctions between "legitimate" chil­dren (born in wedlock) and "natural" children (born outside of marriage).

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Estate Planning

U.S. tax deferral savings plan in Malta

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By James Barber-Lomax and Prof. Robert Anthony, Anthony & Cie

For U.S. resident and non-resident taxpayers there has traditionally been limited means by which to save on a tax-efficient basis. Individuals can contribute to various types of insurance contracts and other recognised pension vehicles, with some offering tax relief on funding. However, there are a number of restrictions which can make these plans highly unattractive. These are noted below:

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Estate Planning

Royal Court Awaits Hastings-Bass Ruling

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By Nigel Pearmain and Daniel Walker, Voisin

This was an application by the Trustee requesting the Royal Court to set aside and/or confirm to be invalid as having been made by mistake a deed of amendment, a deed of exclusion and a deed of appointment. This was the first time the Court in Jersey has had to consider the continued applicability of the rule in Hastings-Bass since the English Court of Appeal decision in Pitt -v- Holt and Futter -v- Futter.

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Estate Planning

Blocking a family member's involvement in a business

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By Sergio Guerrero Rosas, Guerrero y Santana, S.C.

In developed economies, just as in emerging markets, most companies are born as family businesses. However companies or businesses in which a family owns a majority stake often face an unpleasant reality. In fact, the probability that they will prosper in the long term is low, given that, according to statistical data, only 5% continue to generate value for the shareholders after the third generation. One of the risks faced by these companies arises from the fact that the generations succeeding the founder do not always inherit the same leadership and entrepreneurial vision.

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Estate Planning

Jersey Limited Liability Partnerships

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By Kate Anderson, Voisin

Limited liability partnerships ("LLPs") were introduced to Jersey in 1998, when the Limited Liability Partnerships (Jersey) Law 1997 (the "Law") came into effect. However, despite being hailed as an exciting new structure, Jersey LLPs were targeted at large professional partnerships, and as such the Law contained a requirement that a £5 million bond or similar financial provision ("Financial Provision") was maintained for the benefit of creditors upon the winding up of the LLP.

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