STEP Journal: Issue 2, 2022

Wednesday, 30 March 2022
Journal-Landing

Welcome to Issue 2 of the STEP Journal, featuring a Caribbean and Latin America regional focus and covering, for example, protector powers in offshore trusts to legislative updates from the region. Surrogacy, polygamy, predatory marriage and estranged families are just some of the situations practitioners need to be prepared for when advising modern families and vulnerable clients: the topic focus for this issue.


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Board committees | Private Client Awards | Diary dates
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The impact of blacklists and greylists
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Bryony Cove stresses the need to reimagine the office environment
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Kris Richmond explains why, since the COVID-19 pandemic, investors have turned to private assets in search of diversification
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Jeff Halpern stresses the considerations to take into account when advising on tax matters
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Leigh Sagar TEP reviews Dealing with Digital Assets: A Guide for Private Client Solicitors by Julie Bell TEP
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Countries around the world are looking for resolutions to COVID‑19 economic deficits. Helen Swire asks if wealth taxes are a workable solution
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In its 2021 report Meeting the  Needs of Modern Families, which was sponsored by TMF Group, STEP calls on advisors and legislators globally to adapt and modernise in order to keep up with the needs of today’s families. We asked members of the STEP Modern Families Thought Leadership Group what sort of modernisation they think is required and how to tackle it.
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James Noble, Amelia Tan and Yan Chng compare different approaches to the roles and powers of protectors in offshore trusts in Jersey and Bermuda courts
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Sean N C Moree, Vanessa L Smith and Erin M Hill examine what constitutes sufficient consideration of discretionary beneficiaries’ interests based on a recent Bahamian Supreme Court decision
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Pedro Ramírez provides an overview of amendments to Mexico’s tax laws
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Yuri Freitas and Pedro Rêgo explain how new regulations in Brazil are tackling historic gaps in its trust legislation
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Raul Zuñiga outlines new legislation regarding final beneficial owner registration and accounting records in Panama
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Alexander Learmonth and James McKean detail the disastrous consequences stemming from an ambiguously worded will in England and Wales
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Andrew McCallum provides an overview of the draft Swiss trust law that is open for public consultation
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Javier Frías details new legislation putting non‑EU taxpayers on an equal footing when it comes to paying Spanish wealth tax
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Louise Lewis explores the growing issue of predatory marriage and financial exploitation of vulnerable clients in England and Wales
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Shivron Gay discusses mental capacity and the conflict of laws following a recent decision in the Supreme Court of the Bahamas
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Sinead O’Callaghan and Irina Buydova stress the risk of probate fraud and outline best practice when dealing with potential scams
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Zoe Porter and Megan Prideaux discuss the importance of considering children’s positions and perspectives in private law proceedings in England and Wales
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Jemma Garside stresses the difficulties of determining jurisdiction in cases of mental incapacity, using England and Wales as an example
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Ann Stanyer explores the difficulties in freeing access to child trust funds while protecting vulnerable young adults in England and Wales
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Oliver Piper and Rowan Cope outline the process and potential pitfalls when drafting trusts for polygamous settlors in England and Wales
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Dr Friedrich Schwank reviews the drafting of wills dealing with estranged family  members
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Sarah Williams discusses recent reforms to the legislation surrounding surrogacy in the UK
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Jenni Hutchinson explores the benefits of investing in employee development, using the experiences of STEP’s Employer Partners
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Helen Stewart stresses the value of independent administration when dealing with contentious estates in England and Wales
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Álvaro Aznar Azcárate and Sally Dilks discuss the impact of the EU Succession Regulation on reserved‑heirship provisions in France and Spain
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Theo Burrows TEP, Counsel at JP Morgan Trust Company (Bahamas), is Branch Chair for STEP Bahamas and was recently elected to STEP’s Council, representing the Caribbean and Latin America regions.
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