SIG SPOTLIGHT 2017: Cross-Border Estate Planning for the Incapable Client, 30 November 2017

Hosted by
STEP Cross-Border Estates Special Interest Group
Event type
The Montcalm London Marble Arch
2 Wallenberg Place
United Kingdom
30 November 2017
13.15 Arrival and registration, 13.15-14.00 Networking lunch, 14.00-17.45 Presentations and Panel Discussion

2017 Special Interest Spotlight Session - Afternoon Option 3, presented by the Cross-Border Estates SIG

This conference forms part of a day of special interest sessions comprising seven options. There will be a breakfast, three morning sessions and three afternoon sessions for you to choose from. Both STEP members and non-members are welcome!

Choose a breakfast, a morning or an afternoon session - or stay the whole day and receive 15% off your total booking and free attendance to a networking lunch! View all session options

**Please note: This session is designed to complement the morning session option entitled 'Capacity and Powers of Attorney Around the World'**

Cross-Border Estate Planning for the Incapable Client: Comparative Aspects and Private International Law Issues

Event Focus

The Cross-Border Estates Special Interest Group's conference will examine cross-border estate structuring for the incapacitated client.

Topics include:

  • The applicable test in a jurisdiction for mental capacity for various estate planning matters, including making a will, settling a trust, making a gift, changing a beneficiary designation or making a power of attorney or mandate
  • What general approach and process a drafting lawyer should undertake where mental capacity is an issue
  • The options for estate planning by way of the court process where a client is mentally incapable, including statutory wills and court-directed trusts or gifts
  • The options for estate planning outside the court process where a client is mentally incapable, and the scope of authority of a substitute decision-maker
  • Examining the steps available both inside and outside the court process in a variety of jurisdictions to proactively protect a client’s estate plan where a client’s mental capacity may be challenged in the future
  • Choice of law: What is the applicable law to determine essential validity of a will, trust, gift, beneficiary designation or power of attorney with regard to mental capacity
  • The recognition of the laws of other jurisdictions with regards to estate planning completed under a power of attorney or mandate


  • Edward Reed TEP, Partner - Private Client, Macfarlanes LLP
  • Margaret O'Sullivan TEP, Managing Partner, O'Sullivan Estate Lawyers
  • Guillaume Grisel TEP, Partner and Attorney-at-law, Bonnard Lawson
  • Susan Fielding TEP, Consultant, Jackson McDonald
  • Alison Gilbert TEP, Partner and Head-Trust and Management Services, Brookfields
  • Michael Graham TEP, Director, Cleaver Fulton Rankin Solicitors
  • Kristin Yokomoto TEP, Attorney-at-law and Partner, Albrecht and Barney
  • Richard Frimston TEP, Partner and Head-Private Client, Russell-Cooke
  • Anthea Stephens TEP, Fiduciary Specialist, Standard Bank Wealth and Investment
  • Patricia Rickard-Clarke, Patricia Rickard-Clarke, Solicitor and Chair, Sage Advocacy CLG Ireland
  • Donna Withers TEP, Head-Probate and Wills, Bedell Cristin Jersey Partnership
  • Judith Ingham TEP, Partner-Wealth Planning & Tax, Withers LLP
  • Martín Litwak TEP, Managing Director, Litwak & Partners (U.S.) LLC
  • Julia Abrey TEP, Head-Elder Law, Withers LLP
Cross-Border Estates SIG Member - £80
STEP Member - £100
Non-member - £120
Special Interest Groups Team
Contact phone
+44 (0)20 3752 3734; +44 (0)20 3752 3735
Contact email
PDF icon Event flyer
Register Add to Calendar events/sig-spotlight-2017-cross-border-estates-30-november-2017 30/11/2017 13.15 30/11/2017 Arriv The Montcalm London Marble Arch, 2 Wallenberg Place, London, W1H 7TN STEP Cross-Border Estates Special Interest Group SIG SPOTLIGHT 2017: Cross-Border Estate Planning for the Incapable Client, 30 November 2017 The Cross-Border Estates SIG hosts a Spotlight Session on 30 November 2017 in London Hosted by: STEP Cross-Border Estates Special Interest Group. Contact: Special Interest Groups Team. Contact phone: +44 (0)20 3752 3734; +44 (0)20 3752 3735. Contact email: