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STEP Journal: Issue 2, 2023
Issue 2 focuses on modern families and vulnerable clients. We look beyond the traditional ‘cookie-cutter family’ and explore the rights of cohabitees in England and Wales, and estate planning for younger generations in Canada. The Caribbean and Latin America forms our regional focus, and we speak to STEP's new worldwide Chair.
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A wellspring of ideas
With winter throwing its last punches in the northern hemisphere, it is perhaps fitting that this issue of the STEP Journal has as one of its focuses the sunnier climes of the Caribbean and Latin America.
STEP news
Board elections | Membership renewals | Diary dates
Too much or not enough?
Blátháin Winthrop, Head of Editorial at STEP, summarises the key findings of the STEP Content Survey 2022
The evolution of the EPP
Jenni Hutchinson shares the story of STEP’s EPP as it hits a special milestone
Introducing… the STEP PCAs 2023/24 charity partner
Alzheimer’s Disease International is the new charity partner for the STEP Private Client Awards
Strengthening a global connection
Welcoming the new worldwide Chair of STEP, Tony Pitcher TEP
Unhappy anniversary
A year after the Russian invasion of Ukraine, Helen Swire looks into the impact and unexpected consequences
The benefits of legal apprenticeships
How UK firms can diversify hiring strategies
The Swiss Army knife wealth manager
Reflections on modern structuring solutions
Latin primer
Nicolas Malumian provides a summary of wealth and gratuitous transfer (donations and inheritance) taxes in Latin America
Exclusion delusion
Ashley Fife considers the limits of scope of trustees’ powers to add or exclude beneficiaries, following the landmark judgment in Grand View PTC v Wong
Under no obligation
Dwayne Whylly explains why underlying companies of trustee-documented trusts in the Bahamas typically do not have reporting obligations under FATCA and the CRS
Casting the net wider
Beth Le Cheminant describes the unique features of trusts and foundations structured in Nevis
Make no mistake
Robert Lindley and Tonicia Williams examine the Hastings-Bass rule on fiduciaries’ mistakes under Cayman Islands law
The planning pros of pensions
Ruta Savignac and Niver Bossle Acosta explore the advantages of private pension plans and their use for financial and succession planning of Brazilian private clients
Treaty for two
Monica Bity describes the likely impact of a new double‑taxation agreement between Brazil and the UK
Around the world
Helen Swire rounds up taxation and regulation news in the Caribbean and Latin America
Confidentiality and the family courts
Nicholas Fairbank and Olivia Gaunt on disclosing papers from financial remedy proceedings in England and Wales
Trusts make their debut
André Santos Raquel provides an overview of trust legislation recently enacted in Macau
Burden of proof
Adea Meidani addresses the issue of trust and presumption of ownership in France
The rights of cohabitees
Michael Gregory calls for greater legal transparency on issues concerning unmarried cohabiting couples in England and Wales
Beyond the cookie-cutter family
Will Burnell asks whether the law is keeping pace with the modern family unit, with reference to recent England and Wales and Jersey case law
Insight panel
How does your jurisdiction define a child and what challenges (if any) do these definitions pose for today’s modern family?
The state of Singapore’s PDD scheme
Tan Shen Kiat examines the development of the Professional Deputy and Donee scheme since its inception in 2018
Next-gen advisory
Demetre Vasilounis raises estate‑planning considerations that apply to younger generations, from a Canadian perspective
The law in an LM-mess?
Following recent conflicting decisions of the England and Wales Court of Protection, Paul Levy and James McKean discuss varying a will under the Mental Capacity Act 2005
No remedy for abuse?
Polina Kozlova unpacks a recent New Zealand case concerning a breach of fiduciary duty to an adult child
A trigger for concern
Michael Perkins gives an Australian perspective on the distinction between vulnerability and decision-making abilities
Modernising LPAs
Louise Lewis provides an update on the progress of a UK Bill aimed at modernising lasting power of attorney applications
Count your blessings
Stephen Alexander and Kiara Brennan set out the circumstances under which Beddoe relief may be refused in Jersey
Letter to the Editor
John L Poole TEP pens a response to a recently published STEP Journal article on the use of multiple wills for cross‑border estates, with an Australian perspective
Member Q&A - Jennifer Wioncek TEP
We chat to Jennifer Wioncek TEP, Partner at Bilzin Sumberg in Florida, US, following her taking home STEP’s Geoffrey Shindler Award for Outstanding Contribution to the Profession at the 17th annual Private Client Awards in December 2022.
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