Image STEP Journal: April 2019 01 April 2019 Foreword - April 2019 The past, present and future exist at the same time. Thus neither is the past permanent nor the future necessarily fated. 01 April 2019 More states should ratify the Hague Adults Convention Emily Deane highlights legislative gaps in the protection of vulnerable adults in cross-border situations in Europe 01 April 2019 How to handle a professional complaint Kevin Custis advises STEP members on what to do if a complaint is made against them, and the value of the disciplinary process 01 April 2019 ATAD ramps up EU tax complexity The EU’s Anti-Tax Avoidance Directive means more complexity and less certainty, writes Paolo Panico 01 April 2019 Privacy v transparency: the battle rages on Margaret O’Sullivan assesses Canada’s recent moves towards transparency 01 April 2019 Rise of the LLCs Mark Fleming asks whether the introduction of LLCs in offshore jurisdictions will prompt a shift in structuring outside the US 01 April 2019 Block for good Gina M Pereira assesses how distributed ledger technology may serve philanthropy 01 April 2019 The flight to stability Michael Giraud and Mark Pinnick highlight key emerging trends for high-net-worth families in the Middle East 01 April 2019 Prepare for success - Part 2: The Estates exam In the second of this two-part column, Anthony Miller offers some specific pointers for students taking the Administration of Estates exam 01 April 2019 No place like home Caroline Bielanska provides a case study on the difficulties of determining a client’s capacity in England and Wales 01 April 2019 Structures in the spotlight Josephine Howe outlines Jersey’s upcoming economic substance requirements and their relation to private wealth structures 01 April 2019 A welcome change Laila Arstall explains the recent update to Guernsey’s corporate tax residence rules 01 April 2019 The risks of (inter)meddling Beware of intermeddling in Jersey estates, writes Ashley Bidmead 01 April 2019 Performance-enhancing substance Kevin O’Loughlin explains the Isle of Man’s new substance requirements legislation 01 April 2019 Ten years young Paul Hunter revisits the Jersey foundation, a decade after its introduction 01 April 2019 Leaping forward Donna Withers explains how Jersey’s new mental capacity law further protects vulnerable clients 01 April 2019 Not a perfect science Kimberly A Whaley outlines the differing approaches to determining decisional capacity across Canada’s provinces and territories 01 April 2019 Momentous decisions Alex Ruck Keene examines the position on life-sustaining medical treatment in the courts in England and Wales 01 April 2019 17 years in limbo Johann Jacobs assesses the state of South Africa’s pending capacity legislation 01 April 2019 A rights-based approach Patricia Rickard-Clarke details the supported decision-making arrangements provided for in Ireland’s Assisted Decision-Making (Capacity) Act 2015 01 April 2019 How to spot financial abuse Ann Stanyer highlights ‘red flags’ signalling potential financial abuse that all advisors should watch out for, wherever they are based 01 April 2019 Wouldn’t it be NICE Samantha Presland lays out the merits of the new NICE guidelines on mental capacity in the UK 01 April 2019 Gateway to the Middle East Yann Mrazek outlines the practical impact of ADGM and DIFC foundations on regional assets, for both investors and fiduciaries 01 April 2019 Squaring the circle Harry Joffe reports on some of the key offshore issues raised in South Africa’s 2019 budget 01 April 2019 Haves and have-yachts Lesley Timms, Peter Wood and Sonia Michaelides ask: when it comes to enforcing foreign court orders in the DIFC, is jurisdictional recognition becoming more theoretical than real? 01 April 2019 Abduction, conscription, welfare: a case study Sam Hickman looks at a recent case concerning parents from different African countries to highlight the complexities of working with international families 01 April 2019 Where there’s a will… Gianpiero Succi and Tameru Wondm Agegnehu explain the legal considerations surrounding will-making in Ethiopia 01 April 2019 Cultural transition Over the next decade, a huge amount of wealth is due to transfer between generations of families. A recent STEP Journal roundtable, sponsored by SANNE, asked what this means for the next generation and their advisors 01 April 2019 Bricks and mortar with a global reach Dawn Register and Becky Hartley consider the practicalities of the recent rule changes for non-UK residents in respect of UK properties 01 April 2019 Power play Peter Ni and Clifford Ng outline the impact of China’s recently updated income tax law and anti-avoidance rules 01 April 2019 A drastic shift Saskia Lust traces the development of Belgium’s recent civil and tax law updates, from the ‘Cayman Tax’ to new reporting obligations 01 April 2019 ‘Alexa, draft my will’ Hannah Mantle explores whether artificial intelligence could improve the will-drafting process in England and Wales 01 April 2019 A sympathetic ear Carlos de Serpa Pimentel and Esmond Brown review trustees’ use of the Cooper application in the Cayman Islands 01 April 2019 Book Review: A Practitioner’s Guide to the Court of Protection, fourth edition By Caroline Bielanska TEP, Richard Frimston TEP, Justin Holmes and Martin Terrell TEP 02 April 2019
Foreword - April 2019 The past, present and future exist at the same time. Thus neither is the past permanent nor the future necessarily fated. 01 April 2019
More states should ratify the Hague Adults Convention Emily Deane highlights legislative gaps in the protection of vulnerable adults in cross-border situations in Europe 01 April 2019
How to handle a professional complaint Kevin Custis advises STEP members on what to do if a complaint is made against them, and the value of the disciplinary process 01 April 2019
ATAD ramps up EU tax complexity The EU’s Anti-Tax Avoidance Directive means more complexity and less certainty, writes Paolo Panico 01 April 2019
Privacy v transparency: the battle rages on Margaret O’Sullivan assesses Canada’s recent moves towards transparency 01 April 2019
Rise of the LLCs Mark Fleming asks whether the introduction of LLCs in offshore jurisdictions will prompt a shift in structuring outside the US 01 April 2019
Block for good Gina M Pereira assesses how distributed ledger technology may serve philanthropy 01 April 2019
The flight to stability Michael Giraud and Mark Pinnick highlight key emerging trends for high-net-worth families in the Middle East 01 April 2019
Prepare for success - Part 2: The Estates exam In the second of this two-part column, Anthony Miller offers some specific pointers for students taking the Administration of Estates exam 01 April 2019
No place like home Caroline Bielanska provides a case study on the difficulties of determining a client’s capacity in England and Wales 01 April 2019
Structures in the spotlight Josephine Howe outlines Jersey’s upcoming economic substance requirements and their relation to private wealth structures 01 April 2019
A welcome change Laila Arstall explains the recent update to Guernsey’s corporate tax residence rules 01 April 2019
The risks of (inter)meddling Beware of intermeddling in Jersey estates, writes Ashley Bidmead 01 April 2019
Performance-enhancing substance Kevin O’Loughlin explains the Isle of Man’s new substance requirements legislation 01 April 2019
Ten years young Paul Hunter revisits the Jersey foundation, a decade after its introduction 01 April 2019
Leaping forward Donna Withers explains how Jersey’s new mental capacity law further protects vulnerable clients 01 April 2019
Not a perfect science Kimberly A Whaley outlines the differing approaches to determining decisional capacity across Canada’s provinces and territories 01 April 2019
Momentous decisions Alex Ruck Keene examines the position on life-sustaining medical treatment in the courts in England and Wales 01 April 2019
17 years in limbo Johann Jacobs assesses the state of South Africa’s pending capacity legislation 01 April 2019
A rights-based approach Patricia Rickard-Clarke details the supported decision-making arrangements provided for in Ireland’s Assisted Decision-Making (Capacity) Act 2015 01 April 2019
How to spot financial abuse Ann Stanyer highlights ‘red flags’ signalling potential financial abuse that all advisors should watch out for, wherever they are based 01 April 2019
Wouldn’t it be NICE Samantha Presland lays out the merits of the new NICE guidelines on mental capacity in the UK 01 April 2019
Gateway to the Middle East Yann Mrazek outlines the practical impact of ADGM and DIFC foundations on regional assets, for both investors and fiduciaries 01 April 2019
Squaring the circle Harry Joffe reports on some of the key offshore issues raised in South Africa’s 2019 budget 01 April 2019
Haves and have-yachts Lesley Timms, Peter Wood and Sonia Michaelides ask: when it comes to enforcing foreign court orders in the DIFC, is jurisdictional recognition becoming more theoretical than real? 01 April 2019
Abduction, conscription, welfare: a case study Sam Hickman looks at a recent case concerning parents from different African countries to highlight the complexities of working with international families 01 April 2019
Where there’s a will… Gianpiero Succi and Tameru Wondm Agegnehu explain the legal considerations surrounding will-making in Ethiopia 01 April 2019
Cultural transition Over the next decade, a huge amount of wealth is due to transfer between generations of families. A recent STEP Journal roundtable, sponsored by SANNE, asked what this means for the next generation and their advisors 01 April 2019
Bricks and mortar with a global reach Dawn Register and Becky Hartley consider the practicalities of the recent rule changes for non-UK residents in respect of UK properties 01 April 2019
Power play Peter Ni and Clifford Ng outline the impact of China’s recently updated income tax law and anti-avoidance rules 01 April 2019
A drastic shift Saskia Lust traces the development of Belgium’s recent civil and tax law updates, from the ‘Cayman Tax’ to new reporting obligations 01 April 2019
‘Alexa, draft my will’ Hannah Mantle explores whether artificial intelligence could improve the will-drafting process in England and Wales 01 April 2019
A sympathetic ear Carlos de Serpa Pimentel and Esmond Brown review trustees’ use of the Cooper application in the Cayman Islands 01 April 2019
Book Review: A Practitioner’s Guide to the Court of Protection, fourth edition By Caroline Bielanska TEP, Richard Frimston TEP, Justin Holmes and Martin Terrell TEP 02 April 2019