International estate planning for families with international members, groups of companies and international assets covers:
Family Succession
Advising clients on the best way to ensure that their family members and future generations of their families will inherit the wealth through the use of Trusts, Foundations and wills in the most tax efficient manner as legally possible taking into account the jurisdictions of domicile, tax residence and nationality of all persons involved and what the ownership of assets, what they are and where they are situated.
Family Governance, Family Office and Family Guidance
Assessing all members of the family as to their needs, wishes and outlook and understanding the manner in which the family wishes to protect and secure its values on-going and how the family wishes to operate and manage itself and its business affairs. Drafting, agreeing and helping to implement rules for the family to achieve these needs in the form of a Mission Statement and Family Charter. Continuing to assist the family with advice and training in these respects.
Corporate Governance
Advising families on how best to manage and control companies, partnerships and their business affairs on-going. In these respects advising on and drafting Shareholders’ Agreements and advising on the taxation implications of management and control on-going.
Retention of Control
Many of our clients own groups of companies, which are often in multiple jurisdictions. The client will say to us: “These are my companies. I started them and I control and manage them. I do not wish to transfer the control and management of them to a trustee person, whom I do not know and do not trust”. We can provide generally, special and innovative solutions to enable you to retain control.
Asset Protection
Advising families on how best to protect their assets from claims by creditors, claims by family members because of foreign succession laws and marital claims both personal and as to entitlement to assets. Taking these matters into account when providing solutions for the family and drafting documents to provide as much protection as possible.
Avoidance of Probate and Wills
The family members we advise usually have assets in many jurisdictions. They need Wills to ensure that assets, which are not held though Trusts or Foundations, when Wills are not needed, will pass to those whom they wish to inherit and that the administration of this will be carried out by the people they choose. Otherwise the law of that person’s domicile will dictate who receives what and who will carry out the administration. To save considerable time, fees and costs, it will often be necessary to have Wills limited to the disposal of assets in specified jurisdictions and a main Will disposing of all other assets.
Legal Mitigation of Taxation
Most of the families, whom we advise, have family members in more than one country and assets and businesses in more than one jurisdiction. This means that the impact of different taxation regimes needs to be considered and legally mitigated as much as possible. We provide solutions for this and work with our experienced professional collaborators across the world to achieve this. Depending upon the jurisdictions concerned, there are special types of Trust which can be used to legally mitigate taxation and we have special solutions which are jurisdictionally specific.
Estate planning for those with simpler needs
We consider your tax status and the tax status of all your intended beneficiaries. We consider the ownership, nature, situs and value of your assets. We are experienced in drafting Wills to deal with all your wishes and needs regarding your assets in the future.
We can also provide for simpler Trusts to be created for you during your lifetime and for tax effective investments and insurance to help you.
Where appropriate, we can also help you to set up a Trust, which will be dormant during your lifetime but which will benefit as appropriate from your Wills.