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Individuals today are becoming increasingly international in outlook
and investing on a global basis. Families often have members living
in a number of different countries at any given time. This presents
a host of problems in the area of International Estate Planning.
Different countries use different criteria to determine the legitimacy
of wills, the effects of marriage and divorce, forced heirship
and the liability to estate, gift, income and capital gains tax.
For example, double taxation can occur if different taxation authorities
do not recognise each other's taxes. Forced heirship, a system
under which one's children or spouse are entitled to a predetermined
share of the individual's estate upon death, can also occur if
property is acquired in a civil law country. (Appropriate structures
to avoid such provisions can be established.) In addition, issues
with wills in different jurisdictions where land is owned can
also create problems.
Individuals who intend to acquire foreign assets should seek
the professional advice of a Financial Adviser before making investments
unsuitable for tax and succession purposes. A professional adviser
will establish details of one's present domicile, citizenship,
residence, assets, family and future intentions. With this information,
an adviser can then determine the appropriate tax planning investment
vehicles.
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