| Probate |
Non Offshore Structure |
Offshore Structure |
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Transferring assets upon death gives rise to extremely onerous formalities. Application to court is required in every jurisdiction in which assets are situated. In essence, your will is tested e.g. is it the last will and testament, properly executed, were you entitled to leave assets the way you wished, were you of sound mind?.... that's not all! Probate also addresses any conflict of laws between the deceased's country of domicile and the country in which the application is being made, which can lead to legal complications and further delays in reaching a final settlement.... and that's still not all! Before applying to court, clearance is usually required from local tax authorities confirming all taxes have been paid. Disclosure is high, third parties have access to information and the whole process must be undertaken in each country in which you have assets. Did you know there could be tax liabilities in countries in which you have invested but never set foot? This could apply to investments which, perhaps you are not even aware of, are domiciled onshore and therefore in the tax system of that particular host country.... and of course there's more! The probate procedure can take years to resolve, can be unbelievably frustrating and, hardly surprising, is commonly very expensive. |
Assets held within an offshore structure no longer form part of your free estate and there is no need for a will to be executed for those assets. Via an offshore company, assets can remain in their existing locations, since ownership is unified under one holding structure in an appropriate safe administration. Court application for probate is only necessary in one (offshore) location, unless a trust owns the company in which case NO probate procedures are required at all. |
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