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ARTICLES

Incapacity planning under Swiss law in cross-border contexts

Kinga M. Weiss and Lia Börlin

Incapacity planning in cross-border cases involves navigating non-harmonized legal frameworks. This analysis centers on the recognition and enforcement of ‘powers of representation’ under and outside the scope of the 2000 Hague Convention on the International Protection of Adults (2000 HCCH) in cross-border situations. A case study illustrates the complexities encountered when Swiss incapacity planning needs to be internationalized, particularly in relation to a non-contracting state, such as the United States.

New Italian tax dispositions on trusts

Stefano Loconte and Beatrice Molteni

As part of a huge tax reform project carried out by the Italian government over the past years, a new Legislative Decree (No. 139/2024) was issued in October 2024 by the Italian legislator to provide a rationalization of Registration Tax, Inheritance and Gift Tax, Stamp duty, and other indirect taxes, excluding Value Added Tax. In particular, new dispositions on indirect taxation of trusts have been introduced, which will have relevant impacts on tax planning and estate planning for individuals. In light of this, new considerations regarding existing and new trusts deserve to be addressed.

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