Download or read book Estates Taxes and Professional Ethics written by International Academy of Estate and Trust Law. Conference and published by Kluwer Law International B.V.. This book was released on 2003-01-01 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt: Part 1. Trusts and taxes Italian style. Introduction: Trusts--some observations from a civil law perspective / Maurizio Lupoi ; Trusts and company law--the Italian experience / Edoardo Andreoli ; Trusts and income taxes in Italy / Guglielmo Maisto ; Analysis of indirect taxation on transfers of trust property in Italy / Paolo Gaeta -- pt. 2. Death and gift taxes, including cross-border issues. Introduction: Overview and comparative reflections / Ian V. Gzell ; Special considerations in US-Canada estate planning / Wolfe D. Goodman ; Inheritance and gift taxes--France / Laurent G. Chambaz ; Death and gift taxes : a view from Switzerland / Richard F.G. Pease ; Death and gift taxes--United States / Erik J. Stapper -- pt. 3. Debate: Should Utopia introduce an inheritance tax? Introduction: To tax or not to tax : that was the debate / Barbara R. Hauser ; Estate tax : an argument in favor of working toward equality, justice and common sense through a system of estate taxation / Joseph Kartiganer and Michael Sedlaczek ; Death taxes : unfair and inefficient / Timothy G. Youdan ; Death taxes for Utopia? : a case in the negative / Jürgen Killius -- pt. 4. Ethical issues in estate planning. Introduction / Bruce S. Ross ; Ethical guidelines for the estates and trusts lawyer : the ACTEC commentaries on the Model Rules of Professional Conduct and notes on ethics 2000 / Bruce S. Ross ; Conflict of interest and professional obligations in estate and trust law : an English perspective / Michael Jacobs ; Conflict of interest and professional obligations in probate actions in Germany / Andreas Frieser ; Rules of conduct for estate planners and ethical issues in estate planning in The Netherlands / Hendrik M. Sasse.
Download or read book Papers of the International Academy of Estate and Trust Law 2000 written by International Academy of Estate and Trust Law and published by Springer. This book was released on 2001-12-21 with total page 326 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book contains the reflections of members of the International Academy of Estate and Trust Law comprising the proceedings of their meeting in Berlin in May 2000. In the present volume academicians dissect four topics: (1) Settlement of disputes in estate and trust matters through arbitration and alternative dispute resolution; (2) Major transnational legal issues (non-tax) in testamentary matters: the effect of the Hague convention on succession to the estates of deceased persons; (3) Responsibility of tax advisors: the borderline between optimal and abusive planning; and (4) Recent developments in offshore trusts from a common law and civil law viewpoint.
Download or read book Papers of the International Academy of Estate and Trust Law written by Rosalind Atherton and published by Springer. This book was released on 2002-08-27 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book contains the reflections of members of the International Academy of Estate and Trust Law comprising the proceedings of our meeting in San Francisco in May 2001. In this volume academicians dissect four topics: (1) Philanthropy - a comparative study of the treatment of charities in major western countries; (2) Incapacity; (3) Creditors' rights in trust or other managed funds; and (4) Testamentary freedom v. forced heirship.
Download or read book The International Academy of Estate and Trust Law Selected Papers 1997 1999 written by International Academy of Estate and Trust Law and published by Springer. This book was released on 2001-02-20 with total page 1002 pages. Available in PDF, EPUB and Kindle. Book excerpt: This challenging, varied collection of articles is a reflection of the wide range of interests held by estate and trust lawyers today. The issues discussed here include: law in the context of an estate or trust control over the body itself, including the 'futuristic' issue of the status of frozen embryos in relation to an estate broad 'trusts' issues, including the place and nature of the trust in both civil and common law jurisdictions the resolution of family property concerns in relation to matrimonial law, forced heirship laws, or family provision on death. Other articles consider practical questions such as transnational tax planning, planning for the transition of a family business on death, retirement planning and the management of collective investments. The work takes a comparative approach, examining each issue from the perspective of a number of different jurisdictions. This collection arises from the annual meetings and discussion of members from the International Academy of Estate and Trust Law. It will be of great interest to researchers, academics, practitioners, law reform bodies, governmental groups and their advisers working in this complex and varied field of law.
Download or read book The International Academy of Estate and Trust Law written by and published by . This book was released on 1998 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Seminars for 1987 written by Arthur K. Marshall and published by . This book was released on 1987* with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The International Academy of Estate and Trust Law written by and published by . This book was released on 2002 with total page 963 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The International Academy of Estate and Trust Law written by International Academy of Estate and Trust Law and published by . This book was released on 1977 with total page 474 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book International Academy of Estate and Trust Law Seminars in France and the Netherlands on Probate Estate Planning Wills and Related Tax Problems 1982 written by and published by . This book was released on 1983 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book International Academy of Estate and Trust Law Seminars in Madrid Spain and Lisbon Portugal on Spanish and Portuguese Law 1980 written by Arthur K. Marshall and published by . This book was released on 1982 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Trust Protectors A Practice Manual with Forms written by Alexander A. Bove, Jr. and published by Juris Publishing, Inc.. This book was released on 2014-09-01 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt: The trust protector is generally regarded as a relatively new position in trust law, and the key feature of the position is that the protector may be granted powers over the trust, which are generally superior to those of the trustee. This places the protector in a position where, by the exercise of his powers, he can cause the trust to adjust to unforeseen changes or new conditions without the need for court action or beneficiary approval. This work takes the firm position that, with only limited exception, the role of the protector is a fiduciary one, imposing on the protector a duty to act in the best interests of the purposes of the trust and the beneficiaries. Unfortunately, a substantial segment of the legal community, as well as the legislative bodies of a number of international jurisdictions, have taken a position that the protector is not a fiduciary, or that he may be declared in the trust not to be a fiduciary, and that the power granted him under the trust may be declared to be personal powers, whether or not such is the case, and thus he would have no liability for his actions or inactions while serving as protector. This “attraction” of providing total exculpation of the protector has effectively engendered a quick acceptance of the position by the bulk of the legal community and even by the legislatures of a number of jurisdictions, though almost totally unsupported by relevant case law. As a result, we have been seeing trusts which incorporate the use of a protector having the power to make critical dispositive and administrative decisions, as well as extensive modifications to the trusts without being exposed to liability for negligence or bad decisions which result in damages. This work will examine in detail the role of the protector of the trust, the relationship between the protector and the trustee, between the protector and the beneficiaries, and the protector’s responsibilities to the purposes of the trust. It will demonstrate with legal support that the role of the protector is not a new role, that, in fact, the protector is simply a new name for the decades-old position of trust “advisor,” and that the trust advisor is consistently regarded as a fiduciary in relevant treatises and has been repeatedly held to be a fiduciary in relevant cases. The discussion will also review and analyze the historical issues and professional commentary relevant to trust law and the role of protector, as well as case decisions in various international jurisdictions which have shed light on the issues and some of the positions taken in the statutes of a number of jurisdictions in the United States and across the world. All legal aspects of the role will be examined, including the rights of the protector, the protector’s relationship to the trustee, and the courts’ regard for and treatment of the position. Further, the work will discuss in detail all of the practical considerations in using a protector, such as selection and special drafting considerations, the use of a protector in a foundation, and, in brief, the numerous tax issues that may apply. The conclusion will be that with only very limited exception, which will be explained, the protector is unquestionably a fiduciary, and just as a trustee, he should be held to fiduciary standards. Accordingly, while it is certainly possible to grant personal powers to an individual under a trust, those powers per se conflict with the duties of a protector. And while it is also possible to reduce the fiduciary liability of a protector to a minimum, it is not possible to eliminate it entirely, regardless of trust language attempting to do so.
Download or read book International Academy of Estate and Trust Law seminars in Vienna and Munich on Austrian and German law 1978 written by Arthur K. Marshall and published by . This book was released on 1979 with total page 538 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Heart of the Art written by John A. Perkins and published by Xlibris Corporation. This book was released on 2006-11-17 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is written to help individuals address the human issues involved in the transmission of their estates. These are issues and values that, as each individual sees them for himself or herself, are central to the process of estate planning. The book undertakes the challenge of addressing these concerns, purposes, beliefs and values in a way to help individuals find wise and just solutions. From a legal career seeking answers the author brings to the challenge experience, insight, common sense and human understanding.
Download or read book Exchange of Information the Challenges Ahead Bermuda International Academy of Estate and Trust Law Tokyo May 2019 written by K. Robinson and published by . This book was released on 2020 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Bermuda has been engaging in tax information exchange with other jurisdictions since the 1980s. This article, which is based upon a paper presented at the annual meeting of the International Academy of Estate and Trusts Law in Tokyo, Japan in May 2019, looks at the historical trend towards information exchange. The article considers in detail the system now in place under Bermuda law for the production of information pursuant to tax information exchange agreements (TIEAs). This requires a court order and the reported case law dealing with challenges to these TIEA orders provides a useful insight into the nature and range of the requests being made by foreign tax authorities.
Download or read book Families and Estates written by International Academy of Estate and Trust Law. Annual Conference and published by Kluwer Law International B.V.. This book was released on 2005-01-01 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses upon two themes: the definition of 'family' and the impact of the expansion of the concept of 'family' in law: and family fights over wills and estates - what recourse family members may have in challenging an estate. The first part, `The challenge of the "new family" for Law', considers the challenge both in the inter vivos and the postmortem contexts in the United States, Canada, France, the United Kingdom, Australia and New Zealand. A particular focus is upon the dramatic expansion of the definition of family from the traditional nuclear family consisting of a husband, wife and their mutual children to a definition that includes unmarried heterosexual and same sex couples living together and, in some jurisdictions to new kinds of companionate partnerships that are not based on a sexual relationship. In some jurisdictions such developments are simply an expression of sharing responsibility by allocating it in the private domain, as opposed to the public potentially through social welfare; in others, particularly in the United States, it is a defence of fundamental institutions and, with it, a defence of society itself. The second part, 'Family fights over wills and estates', examines the law in Australia, Switzerland, France, Mexico, and the United Kingdom. Its comparison of civil and common law approaches shows how the law expresses the same principle objects - protection of family and obligations towards key family members - but does so from entirely different perspectives; and where the common law which enshrined the notion of testamentary freedom is being qualified through the expanding domain of family provision legislation, the civil law which is based on codified shares and allocated responsibilities expressed through proportionate entitlements in estates, is being qualified through a range of disqualifying and varying mechanisms.
Download or read book Domestic Asset Protection Trusts written by Alexander A. Bove (Jr.) and published by . This book was released on 2021 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book offers background and overview on Domestic Asset Protection Trusts by state"--
Download or read book Trust Law and Practice written by P. A. Olivier and published by . This book was released on 2008 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
