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International Estate Planning

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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