STEP Journal: Issue 4, 2023

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STEP Journal: Issue 4, 2023

Welcome to Issue 4 of the STEP Journal. We shine a spotlight on North America, exploring the utility of US trusts for Latin American families, the practice of ‘hot-tubbing’ in Canadian courts, the new US Corporate Transparency Act and Alberta’s new trust legislation. This issue also offers a focus on family business, as well as a special careers feature, where we celebrate high-achieving STEP students and explore the challenges that mental capacity presents for businesses.


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Breaking up is hard to do

Foreword: Welcome to Issue 4 of the 2023 STEP Journal, which focuses on various branches of family business and shines a spotlight on the North America region.

A ‘gold standard’ for capacity

In an ageing society with increasingly prevalent issues of mental capacity, Helen Bradford-Swire asks if this should lead to a global LPA to meet the needs of international clients

High scorers

We meet five students who excelled in their STEP exams in 2022

Stepping up

There are no barriers when it comes to volunteering with STEP, explains Stephanie North

Space to talk

Adam Carvalho explains the value of reflective practice for private client lawyers

Employer insight: Mental capacity and your business

In line with STEP’s focus on mental capacity, we spoke to some of our Employer Partners to explore the challenges that an ageing demographic and a rising prevalence of mental decline present for businesses

Vehicle of choice

Eduardo Arista explains the utility of US trusts for Latin American families

A question of intent

Peter J Glowacki, M Scott Kerwin and Les Honywill on the Canadian experience of validating defective wills

American connections

Dominic Lawton-Smith explains what families need to consider when establishing ties with the US

The value of hot-tubbing

Ian Hull and Suzana Popovic-Montag extol the benefits of this practice in Canadian wills and estates litigation

Derive time

Todd D Mayo explains what private derivatives are and how they are used for wealth structuring purposes in the US

Innovation in Alberta

Harmanjit Mavi discusses key changes brought into effect by the province’s new trust legislation

Something to dwell on

Claire Weeks and Emma-Jane Weider consider UK tax and succession issues for US persons purchasing second homes in the UK

Principles and principals

Dominique Burnett explores the need for corporate governance in small and privately owned businesses

The façades of risk

Oliver Morgan-Crosby outlines the potential risks of information exchange for the modern family office, with a focus on the UK

East and west

Nicola Roberts and James Granby look at the role of family offices and offshore trusts in Asia

You can lead a horse to water…

Gareth Ledsham and Martin Haanen explore methods for minimising clients’ legal and financial risk when faced with future mental or physical incapacity

The silent chorus

Emma Beeston and Beth Breeze explain how the emerging profession of philanthropy advice is set for growth and development

No favour to Currie?

Nicola Neal and Jamie Reekie assess whether financial misconduct by attorneys in Scotland may bring about a remedy for beneficiaries

Member Q&A - Susan Fielding TEP

Susan Fielding TEP has been an instrumental part of STEP Western Australia since it was established in 2009. For her tireless efforts in helping grow the branch, Susan was recently awarded a STEP Founder’s Award. Now retired, but still active in the Society, she is the newest member of the STEP Journal Editorial Board.