Administration of Cross Border Estates - The Common Problems

Introduction

This new full day course is suitable for practitioners who deal with estates with an international element (mainly continental Europe).

The course will explore different concepts that will help you to navigate the early stages of dealing with an international estate, understand a series of foreign concepts and spot red flags from the outset.

What You Will Learn

This course will cover the following:

• What is in the estate?
• Matrimonial property regimes and their impact on administration of estate
• Joint assets tontine in France and law of survivorship
• Usufruit/Usufructo problems on second death for IHT purposes
• Vente en viager equivalent in Spain sale of a property with sitting tenant
• Dealing with conditional bequests in wills
• Situs of assets for taxation
• Distinction between devolution and taxation
• Overview of the EUSR:
• French development
• Spain and renvoi (Article 34 EUSR)
• Variations of foreign estates
• Releasing of assets and taxes
• Relevance of registers
• The practical implementation in different jurisdictions of foreign law. Article 10 EUSR
• Acting for beneficiaries lacking capacity (including minors)
• Protection regimes for minors and adults lacking capacity
• The acceptance of inheritance subject to the benefit of inventory and practicalities
• When will drafting has gone wrong:
• Revocations of wills
• Partial intestacy risks - which law applies?
• Limit of executors’ powers with foreign assets and their intervention with the foreign assets
• Practical case study involving England and Wales, France, and Spain