International Trusts, Estates, Successions and Inheritances

Clients with domestic wills or trusts governing assets located in foreign jurisdictions need specific advice on the legal validity, effectiveness and enforcement of their family succession planning in those foreign legal systems where the assets are located. Similarly, beneficiaries of foreign trusts or wills receiving assets from a foreign contry’s grantor need specific advice on the implicaitons of the foreign gift, inheritance or bequest in their home jurisdiction.

Complex legal and tax issues arise in the area of cross border inheritances, wills and trusts, involving the correct identification and application of the governing law of the inheritance, trust or will, the proper legal procedures required to enforce and apply a will or trust in a foreign country under foreign law, the potential application of foreign law’s mandatory provisions on forced heirship overcoming the terms of the will or trust, the recognition of the trust for legal and tax purposes under foreign law, the legal and tax liabilities of the trustee, the application of foreign country’s gift and inheritance taxes on the transfer of assets located on the foreign country’s jurisdiction pursuant to a will or trust, tax and legal reporting obligations and know your client procedures falling on trust’s beneficiaries or trustees, the application of anti money laundering legislations, and other similar issues involving the interpretation and applciation of different legal rules and concepts belonging to different legal systems and interacting often in a potentially conflicting and inconsistent way.

In this very complex area of law, we provide clients with strategic legal and tax advice pertaining to cross border inheritances, trusts and wills, recognition and enforcement of international wills and trusts, international family succession planning and advice.