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Dynasty Trusts & Estate Planning

Estate planning is the one area where a mistake costs not percentages but the entire capital: a poor structure can lead to double taxation, loss of control, publicity and years of litigation. The course covers the complete architecture. Fundamentals: wills, intestacy, forced heirship, matrimonial property regimes, conflict of laws (lex situs, lex domicilii), recognition of foreign trusts. Trusts: fixed vs discretionary, revocable vs irrevocable, life interest, accumulation & maintenance, dynasty/perpetual trust, purpose trust, charitable trust; roles (settlor, trustee, protector, beneficiary), letter of wishes, trustee duties and liability. Foundations: private foundation (Liechtenstein, Panama, Jersey), stiftung, foundation vs trust — when each is appropriate. Jurisdictions: Jersey, Guernsey, Isle of Man, Liechtenstein, Switzerland, Luxembourg, Singapore, Cook Islands, Nevis, UAE (DIFC/ADGM), Delaware, South Dakota; comparison by protection, taxes, confidentiality, cost and reputation. Taxes: inheritance tax (UK 40%), estate tax (US), gift tax, generation-skipping transfer tax, exit tax, CRS/FATCA, beneficial ownership registers, substance requirements. Asset protection: asset protection trust, fraudulent transfer rules, bankruptcy remoteness, pre/post-nuptial agreements. Corporate structures: holding company, family limited partnership, LLC, BVI/CAY companies, coordination with the trust. Practice: designing a structure for a specific family with tax consequence calculations and an implementation roadmap.

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