TRUST
Using trusts for succession purposes
The trust is currently the most modern tool for succession planning in Italy, including for the generational transfer of a company. Revenue Agency Circular 34/2022 confirms that the trust [...]
Trust planning for UK res non doms still offers value
Planning through trusts remains the most flexible solution from a UK tax perspective for res non-doms (i.e., foreigners who live in the UK). Such trusts, created before the individual [...]
FAMILY AND COHABITATION
Marital unions
In France, there are several types of marital unions: - Free union an informal union (that does not confer inheritance rights) - The civil solidarity pact or PACS, which [...]
The de facto family in Italian Law and succession profiles
The so-called "de facto family," a socially relevant and widespread phenomenon, occurs in the case of a stable affective union of a couple with mutual moral and material assistance between [...]
TAXES AND INSURANCE
Usufruct arrangements and their UK tax implications: a tax efficient estate planning tool for British individuals with foreign assets?
Usufruct arrangements do not exist under English law, but their creation and existence can, depending on the circumstances, give rise to tax and legal implications which should be considered [...]
Life insurance policy and legitimate heirs: how is the benefit shared?
Often in life insurance policies, legal heirs are designated as beneficiaries. However, their rights will not be divided according to the shares they are entitled to by inheritance. According [...]
The french hereditary reserve and compensatory right in international context
As a pillar of French inheritance law, the hereditary reserve for descendants (forced heirship) benefits, in international context, from varying degrees of protection through times. Very recently, the French [...]
EUROPEAN SUCCESSIONS REGULATION
Do joint tenancies provide a means to avoid forced heirship claims in cross-border succession cases?
Introduction Whether a family home or a second home, it is not uncommon for non-UK domiciled individuals to co-own UK property with, for example, their spouse. Where such property [...]
How to make a will
England and Wales 1) REQUIREMENTS OF A VALID WILL In order to make a valid will in England and Wales, the testator must be of sound mind and at [...]
Foreign assets and testamentary heirs
Succession cases throughout the world share one thing in common: the principle that heirs can be appointed by will. Domestic succession laws can, however, place limitations on the testator's [...]
The appointment of an executor under a will in cross-border succession cases governed by Italian law
In the case of successions governed by Italian law with elements of internationality and where there are testamentary dispositions requiring implementation and special technical expertise, it may be very [...]
European Certificate of Succession – Seminar
The European Certificate of Succession: on February 23 Seminar at the Catholic University of Milan On February 23, 2023, between 4:15 p.m. and 6:30 p.m., an interesting seminar organized [...]
The law of succession depends on the last habitual residence
Most European citizens living abroad ignore this fact. In the absence of a formal declaration to the contrary, their succession will be governed by the law of the country [...]
Transnational successions
The EU Regulation on successions does not apply only to EU citizens but is universally applicable. For any citizen residing in one the EU Member States, according to the [...]
SUCCESSION IN THE WORLD
Do joint tenancies provide a means to avoid forced heirship claims in cross-border succession cases?
Introduction Whether a family home or a second home, it is not uncommon for non-UK domiciled individuals to co-own UK property with, for example, their spouse. Where such property [...]
The mandate for future protection
In recent decades, many laws have been given a mandate by which an adult designates someone to look after them or manage their property when they are no longer [...]
The Advance Care Directive and the Living Will under Swiss Law
With the entry into force of the new adult protection law on 1 January 2013, in Switzerland, a uniform legal basis has been established for the regulation of the [...]
Inheritance tax
The death of a person, and the transmission of his estate to his heirs, can trigger inheritance tax. The inheritance tax is calculated in the inheritance tax return, this [...]
New Developments in Swiss Inheritance Law
The revised Swiss Inheritance Law will come into effect as per 1st January 2023. The statutory share of descendants is reduced from three quarters to half of the legal [...]
