I.
COURSE DESCRIPTION
International
Estate Planning :
This
course deals with the topics associated with the multinational
estate. Its
relevance is highlighted by an increasing need by international
tax planners to effectively deal with sometimes perplexing
and often conflicting rules posed by different jurisdictions
upon a single estate.
Although there is a heavy emphasis in this offering
with respect to the traditional estate and gift duties,
numerous other tax and non-tax matters will be discussed
in detail, including issues of burial; the family office
of private banks; using complex insurance contracts in
estate planning as well as companies; annuity structures;
charitable structures and family foundations; trusts and
other family holding entities; tax treaty issues such
as Estate and Gift tax treaties and the OECD model; amongst
other issues. This
course is taught by Richard Duke, well known published
author and practitioner.
Suggested prerequisites include a background in
Estate and Gift or the course in this program, or Principles,
Tax Treaties, and Offshore Financial Centers.
II.
COURSE OBJECTIVES
The specific skills and understanding expected
of students successfully completing this course would
include the following:
·
An understanding of the terms and concepts more
or less peculiar to the topic of international estate
planning;
·
An ability to properly discern the issues material
to the planning of an international estate;
·
An awareness of the ethical and malpractice concerns
indigenous to cross-border planning; and
·
The capacity to satisfactorily analyze the problems
presented and to justify any conclusions reached.
III.
SYLLABUS
A.
Required Text (online version)
provided
online
B.
Week-by-Week Topical Breakdown
Week One
·
Course Overview and Introduction
·
Glossary of Terms and Concepts
Week Two
·
Territoriality
·
Nationality
·
Domicile
·
Residence
·
Situs
·
Immovables
·
Movables
Week Three
·
Double Taxation
·
OECD Model Convention
·
Local Taxation Concerns
Week Four
·
Principles of Succession
·
Intestacy
·
Forced Heirship
·
Universal Succession
·
Probate
·
Hague Convention Concerning the International Administration
of
the
Estates of Deceased Persons
Week Five
·
Valuation Principles
·
Currency Fluctuations
Week Six
·
Pertinent Income Tax Issues
Week Seven
·
The Role of Wills
·
Situs Wills
·
Notarial Wills
·
Mystic Wills
·
Hague Convention Providing a Uniform Law on the
Form
of an International Will
Week Eight
·
The Role of Trusts and Other Entities
·
Fiduciary Administration
·
Changing the Situs of a Trust
·
Rule Against Perpetuities
·
Hague Convention on the Law Applicable to Trusts
and
Their Administration
Week Nine
·
Community Property
·
Usufruct
·
Other Forms of Co-Ownership
·
Hague Convention on the Conflicts of Laws Relating
to
the Form of Testamentary Dispositions
Week Ten
·
Impact of Marital Agreements
·
Health Care and Related Issues
Week Eleven
·
Asset Protection Issues
·
Governmental Expropriation
·
The Revenue Law Doctrine
·
Exchange of Information Agreements
Week Twelve
·
Additional Factors Regarding Businesses
·
Buy-Sell Agreements
·
Mobile Executives
Week Thirteen
·
Charitable Giving
Week Fourteen
·
Ethical and Malpractice Concerns
·
Unlicensed Practice of Law Issues
Week Fifteen
·
Planning Opportunities
·
Preimmigration Planning
·
Expatriation
C.
Final Examination