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Private Client: Wills, Trusts and Estate Planning is a comprehensive and user-friendly examination of the legal and taxation implications arising from estate planning work within the private client department of a solicitors' firm. The guide deals in a practical way with all the areas confronting the practitioner on a day-to-day basis, from tax and financial planning to the administration of trusts. Throughout the text, worked examples illustrate how to calculate the tax position of the client.This new edition has been updated to take account of recent decisions on the construction of wills and the limited reading back effects of post-death variations. The text has been fully amended to take account of the changes to the requirements for registration of trusts introduced by the Money Laundering and Terrorist Financing (Amendment) (EU Exit) Regulations 2020 which cameinto force on 6 October 2020 and the effect of Wills Act 1837 (Electronic Communications) (Amendment) (Coronavirus) Order 2020 which amends the meaning of 'presence' to allow remote witnessing of wills for a limited period. The changes to entrepreneurs' relief made by the Finance Act 2020 are addressed together with the implications of Skinner v RCC.
After a short, practical introduction in Chapter 1 (which includes a list of useful websites), the book deals with British nationality and the right of abode in the United Kingdom in Chapter 2. This is followed by a detailed analysis of immigration controls in Chapter 3. The unique immigration status of EU and EEA nationals and their family members is considered in Chapter 4, along with how a family member of a British citizen who has engaged Treaty rights might use EU rather than domestic law to enter the UK. The next four chapters then address the key immigration categories of entry to the UK, including new chapters on visitors and students under the Tier 4 points based system. Asylum seekers and refugees are considered in Chapter 9. Enforcement of immigration law and the appeals system are dealt with in the last two chapters. The appendices contain key resource documents such as the Immigration Rules, the Immigration (EEA) Regulations 2006 and materials on the points based system.
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
This book examines the concept of ‘naming, blaming, claiming’ in the application of arbitration for private banking dispute resolution. The author focuses on examining this issue using Hong Kong as a case in point, blending theory and empirical evidence to unveil how disputes are resolved within the banking and finance industry, which will enable them to explore possible effective and efficient mechanisms to resolve financial disputes. The book offers a comprehensive review of the laws and regulations governing the private banking industry in Hong Kong and selected jurisdictions, as well as how they are implemented. It examines the clients’ perceptions through an innovative methodology for empirical studies. Describing how clients react to the laws and regulations and the potential adverse impacts to the stability of the banking industry, the author identifies possible factors that could trigger another financial crisis. Synthesising his analysis, the author proposes newly discovered self-corrective mechanisms embedded among clients and concludes with policy recommendations. Directly relevant to banking practitioners, particularly legal and compliance departments, and senior management, the book is also written for legal professionals interested in the practices of dispute resolution in banking and finance. Additional readerships will include bank regulators, government officials, policy makers, researchers, and those involved in courses in banking and financial law, as well as Arbitration and Dispute Resolution.
Who will lead your organization into the future? Have you created the systems to properly implement required succession transitions? Have you put the financial tools in place to fund the transition? Do you want a plan that connects with your personal and company core values? When do you include timely planning related to strategy and talent issues? What are the appropriate communication strategies for sharing your plan? What legal issues need consideration related to the strategy, financial, and people aspects of succession? So, what is preventing you from starting this effort tomorrow? Small and family businesses are the bedrock of all businesses. More people are employed by small and family-owned businesses than by all multinational companies combined. Yet the research on small and family businesses is bleak: fewer than one-third of small business owners in the United States can afford to retire. Only 40% of small businesses have a workable disaster plan in case of the sudden death or disability of the owner, and only 42% of small businesses in the United States have a succession plan. Fewer than 11% of family-owned businesses make it to the third generation beyond the founder. Lack of succession planning is the second most common reason for small business failure. Many organizations often wonder where to start and what to do. Succession Planning for Small and Family Businesses: Navigating Successful Transitions presents a comprehensive approach to guiding such efforts. Small and family-owned businesses rarely employ first-rate, well-qualified talent in human resources. More typically, business owners must be jacks-of-all-trades and serve as their own accountants, lawyers, business consultants, marketing experts, and HR wizards. Unfortunately, that does not always work well when business owners embark on planning for retirement or business exits. To help business owners avert problems, this book advises on some of the management, tax and financial, legal, and psychological issues that should be considered when planning retirement or other exits from the business. This comprehensive approach is unique when compared to the books, articles, and other literature that currently exist on the market. This book takes on a bold and integrated approach. Relevant research combined with the rich experiences of the authors connects this thorough, evidence-based approach to action-based approaches for the reader.
Where financial advisors go for answers--revised and updated to address consequential legal and economic changes From the oil crisis and stock market crash in the 1970s through deregulation into the 1990s to the 2008 financial crisis--every financial planner worth their salt turned to Victor Hallman and Jerry Rosenbloom's classic reference for answers. To maintain its iconic position in the industry, this bible of wealth development moves into its Ninth Edition to ensure today's professional investors and financial stewards have reliable guidance to the latest legislation, economic developments, and wealth management trends and techniques. This latest edition of Private Wealth Management provides everything you need to operate with sophistication and savvy in today's markets--from setting financial objectives and executing the planning process to investing in equities and fixed-income securities to retirement income planning to methods for lifetime wealth transfers, and more. Written for the serious practitioner, this one-of-a-kind guide gives you a solid foundation for planning a prosperous financial future in the real world, which means it makes you an expert in: Major new tax legislation, including the "Tax Relief, Unemployment Insurance Reauthorization and Job Creation Act of 2010" and the "American Taxpayer Relief Act of 2012" A variety of economic benefits and investment products Changes in individual annuities and retirement products with an increased focus on retirement planning Modifications to health and disability insurance The Patient Protection and Affordable Care and Health Care Reconciliation Act of 2010 Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 New developments in estate and marital deduction planning such as "portability" This completely updated edition remains a wealth-building and income management tool by presenting many useful strategies, including those for dealing with the current "super-low" interest rates. Private Wealth Management, Ninth Edition, is the cornerstone of financial planning.
A Modern Approach to Lifetime Tax Planning for Private Clients (with Precedents) deals with the legal aspects of tax planning for private clients. It is a companion volume to the popular A Modern Approach to Wills, Administration and Estate Planning (with Precedents). This work begins by looking at the essential legal framework of giving and tax law through a combination of detailed and authoritative commentary, worked examples and precedents. It then examines specific topics including: trusts and settlements, the family, and looks at particular assets such as the family home, CGT main residence relief, chattels, businesses and farms, investments, and insurance based products. It then goes on to examine tax planning using statutory reliefs and exemptions including joint ownership of land/sharing arrangements, gifts for family maintenance, normal expenditure out of income and charitable giving. This new edition includes: * Introduction of the Residential Nil Rate band (Finance (No 2) Act 2015) * Effect of the Taxation of Pensions Act 2015 * The impact of the Inheritance and Trustees Powers Act 2014 * Changes to IHT charges on relevant property trusts * Full text of the STEP Standard Provisions and STEP Investment Policy The authors' narrative commentary is supplemented by numerous precedents which are included on an accompanying CD-ROM, allowing users to download and adapt each document as necessary. [Subject: Tax Law, Inheritance Law]
In every Western democracy today, inheritances have a very profound influence on people’s lives. This motivates renewed scholarship on inheritance law by philosophy and the legal sciences. The present volume aims to contribute to some ongoing areas of inquiry while also filling some gaps in research. It is organized in a highly interdisciplinary way. In the thirteen chapters of the book, written by outstanding philosophers and legal scholars, the following questions, among others, are discussed: What is the nature of the right to bequeath? What are the social functions of bequest and inheritance? What arguments concerning justice have philosophers and legal scholars advanced in favour or against practices of bequest and inheritance? How should we think about taxing the wealth transfers that occur in bequest and inheritance? In discussing these questions, the authors break new ground and offer much needed insight into several related domains, such as the philosophy of law; legal theory; general and applied ethics; social and political philosophy; theories of justice; and the history of legal, political, and economic thought. This book will be of great interest to scholars in these areas as well as policy-makers.
The management field increasingly recognizes that most firms in the world are family firms and that these entities operate differently from the non-family firms on which most of our current management theories are based. The De Gruyter Handbook of Business Families brings together work from leading academics who explore emerging research themes relevant to business families, particularly drawing in new insights from adjacent disciplines that can advance the family business field. The handbook challenges the traditional notion of the "single firm–single family" that has characterized most early research on family business. Recognizing that families may simultaneously own or control multiple businesses as well as substantial wealth beyond these firms in the form of financial and non-financial assets, this handbook focuses on business families rather than the narrower construct of family business. The contributions in this handbook explore the relatively neglected dynamics between individuals with family ties that shape the interaction between family and business; business families with multiple businesses; how business families adopt formal rules and processes around their joint activities; and the institutionalization of wealth and business families in society. The De Gruyter Handbook of Business Families fills a gap in the family business research literature and is an essential reference work for researchers and graduate-level students in the area of business families.