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The Cross-Border Advisor Series · Book 6 · In preparation

The Cross-Border Estate

A Guide for Estate Attorneys

A guide for estate attorneys whose clients or estates reach into another country. The book treats the subjects specific to estate practice: wills and will substitutes across borders, forced heirship, the EU Succession Regulation, incapacity planning and matrimonial property regimes; the trust and its substitutes in civil-law systems; estate administration in depth; charitable transfers; disputes and divorce; and the conduct of a cross-border practice.

In preparation. The publication date will be announced. A publication notice can be requested on this page.
AuthorCaroline E. Ashford, PhD, JD
Publication dateIn preparation
ExtentAbout 600 pages; 23 chapters in seven parts
LanguageEnglish
PriceUSD 250
SeriesThe Cross-Border Advisor Series, Book 6 of 6
OrderingOrders are accepted on publication; a publication notice can be requested now
Notify me at publicationContents

Summary

  1. 1.Wills across borders, non-probate transfers as the succession law of the five countries reads them, and forced heirship with the claims it brings against the U.S. fiduciary.
  2. 2.The EU Succession Regulation and the choice of law, cross-border incapacity planning, and the matrimonial property regimes of the five countries against U.S. separate and community property.
  3. 3.The trust in civil-law systems and its substitutes, including foundations; recognition under the Hague Convention of 1985; trust migration and decanting; and the GST tax across borders.
  4. 4.Estate administration in depth: ancillary probate, authority to administer abroad and its recognition in the United States, currency, valuation and timing, disclaimers, and documents for use abroad.
  5. 5.Charitable bequests to European charities and charitable trusts for donors with ties to two countries; will contests, estate and trust litigation, and divorce across borders.
  6. 6.The cross-border practice: intake and risk screening, engaging and coordinating foreign counsel, and engagement terms, fees and malpractice-risk management.

Readership

The book is written for estate attorneys who advise on succession, marital property, trusts, administration and disputes where more than one legal system applies.

Foreign law is treated comparatively for five countries: Germany, France, Switzerland, Italy and the United Kingdom. The applicable tax treaty is treated as the rule rather than the exception.

The book stands alone. Its first chapter, on status, situs, the treaties and the reporting forms, is shared by the six books of the Cross-Border Advisor Series and adapted to the readers of each. Where another book of the series treats a rule in full, this book carries a working summary of the rule or refers to that book by short title and section.

Two attorneys, one in a robe holding a German law code

The Seven Parts

Chapter titles as planned; they may change before publication. The book also carries a preface, a page on the companion books, a table of abbreviations, a figures appendix, a bibliography, a table of authorities and an index.

I

Part I. Foundations

1Foundations: Status, Situs, the Treaties and the Reporting Forms

II

Part II. Succession Law and Marital Property

2Wills Across Borders: One Worldwide Will or Situs Wills

3Non-Probate Transfers Across Borders: Beneficiary Designations, Joint Tenancy, Revocable Trusts and Transfer-on-Death Registrations in the Succession and Tax Law of the Five Countries

4Forced Heirship and Competing Claims Against the U.S. Fiduciary

5The EU Succession Regulation and the Choice of Law

6Cross-Border Incapacity Planning

7Matrimonial Property Regimes and the U.S. Estate, with Short Country Sections

III

Part III. Trusts in Civil-Law Systems

8The Trust in Civil-Law Systems: Recognition, Substitutes and Usufruct, with Short Country Sections

9Foundations and the Civil-Law Substitutes: Stiftung, fondation, Anstalt, stichting and STAK

10Recognition of Trusts Under the Hague Convention of 1985

11Trust Migration, Domestication and Decanting Across Borders

12The GST Tax Across Borders

IV

Part IV. Estate Administration in Depth

13Ancillary Probate and a Nonresident’s U.S.-Situs Assets

14Authority to Administer Abroad: The Erbschein and the European Certificate of Succession, the acte de notoriété, the Grant of Probate and the Swiss and Italian Procedures, and Their Recognition in the United States

15Currency, Valuation and Timing in the Cross-Border Estate

16Qualified Disclaimers Across Borders

17Documents for Use Abroad: Authentication, Apostille, Translation and Remote Online Notarization

V

Part V. Charitable Transfers Across Borders

18Charitable Transfers Across Borders: Bequests to European Charities, the U.S. Charitable Deduction and Charitable Trusts

VI

Part VI. Disputes and Family Breakdown

19Will Contests and Estate and Trust Litigation with Foreign Parties: Jurisdiction, Service and Evidence Abroad, Recognition and Enforcement

20Divorce and Prenuptial Agreements Across Borders

VII

Part VII. The Cross-Border Practice

21Cross-Border Intake and Risk Screening

22Engaging and Coordinating Foreign Counsel

23Engagement, Fees and Malpractice-Risk Management

Publication Notice

A single notice on publication, with format and ordering details. No other mailings.

Contents, price and publication date may change. The cover shown is provisional.

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The Cross-Border Advisor Series

The Other Books in the Series

Six numbered books for professionals who advise clients with assets, residences, heirs or trusts in more than one country, each published and sold on its own. The series