International Succession

A Guide to Administration of a Cross-Border Estate

What you’ll learn
Identify the principal legal systems in the world today, their historical underpinnings and their divergent approaches to devolution of property on death.
Explain the concept of private international law and the role played by international organizations in the formation of rules of private international law.
Summarize the provisions of key instruments including Form of Wills Convention 1961, Washington Uniform Wills Convention1973 and Hague Trust Convention 1985.
Identity the connecting factors that are applied by states when called upon to resolve controversies or cases with links to more than one legal system.
Analyse the role of renvoi in resolving conflicts of law in the context of the administration of cross border estates.
Contrast the two dominant systems of succession prevalent in the world today: scission versus unitary.
Analyse the key provisions of the European Brussels IV succession regime and its implications for non-EU citizens with assets located in the European Union.
Explore the manner in which succession and matrimonial property regimes interface.
Understand the challenges posed by the use of anti-probate techniques in the context of cross-border, trans-systemic estate.
Discuss the implications of international surrogacy, registered partnerships and adoption in the context of succession.
Contrast universal succession, by which property is retitled in civil law jurisdictions, with the two-step process of probate in common law jurisdictions.
Explain the techniques that are used to eliminate or mitigate double taxation of estates or inheritances in the context of the US and UK DTTs.
Apply the twenty-one recommended steps in administering a cross-border estate.

Requirements
No prior legal knowledge required.

Description
When a person dies owning assets in multiple jurisdictions, complex issues are liable to arise in liquidating the estate. Conflicts of laws arise because different countries apply different connecting factors for determining the law to govern the administration of an estate. Relevant connecting factors are domicile, habitual residence, nationality and situs. When a testator dies leaving assets in countries applying different connecting factors for determining the applicable law, the question necessarily arises as to how the conflicting rules are to be reconciled, harmonised and applied. Further complicating the administration of estates is the fact that many jurisdictions have different rules for the devolution of movable and immovable property.This course addresses the plethora of issues to be addressed in the context of administering a cross-border estate. It examines key international agreements including the UNIDROIT, Hague and Council of Europe Conventions, the EU Succession Regulation 650/2012 (“Brussels IV”), connecting factors, renvoi, scissionist and unitary regimes, interface of succession and matrimonial property regimes, double taxation estate treaties, family law issues (surrogacy, registered partnerships and adoption), anti-probate techniques and the pitfalls that arise in deploying such techniques in the context of a cross-border trans-systemic systems, and transfer of title. The final topic in the course provides a step-by-step guide to the administration of a multijurisdictional estate.

Who this course is for
Lawyers, Trustees, Exectors, Administrators, Law Students, Judges, Estate Practitioners.

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