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STEP Journal: Issue 1, 2024
Welcome to Issue 1 of the STEP Journal. In this issue, we focus on vulnerable clients and modern families, delving into challenges faced by ‘blended families’ and global perspectives on mental capacity. We also explore the UK region, including Scotland’s new trust Bill and the meaning of ‘home’ in England and Wales.
View the full issue as a digital magazine (login required), or read online below.
Read the full issue online
With a little help from AI
Foreword: By now, most of you will be aware that we are moving to a digital-only publication in May.
Our survey says…
What do our members think of STEP and what are we doing about it?
The STEP Journal is going digital
Blátháin Winthrop outlines what members can expect from the new online platform
A safeguard against financial abuse
How the STEP Global Representative Power tackles worldwide issues associated with loss of mental capacity
Riding the waves of change
Helen Bradford-Swire examines the impact of global regulation and compliance on private client business practice and advisors
Losing the plot
Sarah Wray outlines tax considerations when selling one’s garden in the UK
Familiar territory?
Nick Marshall and Nadine Walton consider Cross-border implications for individuals connected to both England and Wales and Scotland
Does it fit the Bill?
John McArthur reports on progress to update Scotland’s century-old trust law
The meaning of home
Rebecca Waterhouse considers the importance of the definition of ‘home’ under the statutory residence test in the UK
Till death us do part
Sheena Cassidy-Hope and Georgia Haughney discuss a recent UK Supreme Court case that confirmed financial proceedings on divorce cannot continue following the death of one of the spouses
Work smarter, not harder
Reena Bhudia considers the potential UK tax implications for those spending time working in the UK
It all ends in Tiers
Zoe Jacob assesses UK high-net-worth immigration options in a post-Tier 1 (Investor) visa landscape
Around the world
Helen Bradford-Swire rounds up estate planning, taxation, regulation and residency news in Africa, Arabia and Israel
Appetite for restructuring
James Campbell explores the trend of families in the UAE embracing ‘blended structuring’
Holy manimony
In this article, Zoë Bloom explores the growing trend of alimony being paid to men and potential jurisdictional challenges
Blended families
Fiona Higgott and Nasima Ansary outline how to prevent and combat challenges to wills for modern families in England and Wales
A tale of two tests
Nicola Bushby and Katherine Reed describe the tension between the Banks v Goodfellow and MCA 2005 tests when dealing with testamentary capacity in England and Wales
A guide with global relevance
Kathleen Cunningham reviews a recently created guide for assisting persons in vulnerable situations, with an emphasis on Canada
The need for a holistic approach
Wesley O’Brien and Robert Lindley provide a Cayman Islands perspective on mental capacity, undue influence and vulnerable clients
Expanding the advisor’s capacity toolkit
Dinesh Menon provides rules and practical steps for advising a client suspected of not having capacity
The parent trap
Andrew Powell provides an introduction to sperm donation and the law in the UK
De-risking causes of action
Andrew Barns-Graham, Michael Pulford and Brian Lacy explain the utility of commercial litigation funding
Invest and reside
Sarah Wells looks at the pathways and matters for high-net-worth individuals to consider when seeking residence in New Zealand
Member Q&A - Michael Dew TEP
Michael Dew has been involved with STEP for more than 30 years, having recently stepped down as Chair of the Essay Route Panel after 13 years in the position. We asked Michael about some of the highlights and challenges during this time.
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