Overview

Navigating the complexities of wealth and family across borders requires a sophisticated approach beyond a simple local will. As the world becomes more global, your assets and tax obligations rarely stay in one place, yet the law remains strictly local. This webinar explores the critical intersection of personal wealth and geopolitical regulation—the field of International Estate Planning. We will review historical planning strategies, the impact of modern transparency and anti-avoidance legislation (like Section 7C and CRS), and the essential steps to future-proof a globally diversified estate. You will learn why "the classic playbook" is outdated and how to structure a plan that accounts for conflicting jurisdictional rules, dual tax obligations, and diverse family needs.

Webinar Content

• The Global Life, The Local Law: Understanding the fundamental conflict between borderless assets and localized succession/tax laws.
• South African Estate Duty (ED) and Residency: Detailed review of when ED is payable (ordinarily resident or RSA assets) and the 'Ordinarily Resident' test as defined by case law and Interpretation Note 3.
• The Evolution of Planning:
  • 2005–2015: The Classic Playbook: Trusts, externalization via exchange control allowances, and the use of dual wills.
  • 2016–2020: Tightening and Transparency: The impact of Section 7C on interest-free loans to trusts, the CRS/FATCA era for offshore disclosure, and the effect of the EU Succession Regulation.
  • 2021–2025: Modernization: New opportunities with loop structures and increased SARS vigilance on CFCs.
• The Case for Multiple Wills: Why one will is insufficient due to conflicting rules on domicile, habitual residence, and the risk of inadvertent revocation.
• Key Planning Pillars:
  • Conflict of Laws: Applying lex situs (immovables) vs. lex domicilii (movables).
  • Forced Heirship in civil law jurisdictions.
  • Aligning matrimonial property regimes across borders.
  • Using Double Tax Agreements (DTAs) for relief against double tax.
  • Best practice: drafting separate wills and clearly defining scope/revocation.

Competencies Developed

Participants will be able to:

1. Identify clients who require international estate planning by recognizing cross-border assets, family ties, and tax obligations.
2. Apply the South African 'Ordinarily Resident' test for estate duty purposes and understand the scope of domestic and foreign assets.
3. Evaluate the historical and modern efficacy of estate planning structures, including the current tax implications of SA trusts (Section 7C) and offshore companies (CFC vigilance).
4. Determine the necessity of multiple wills and advise on the risk of conflicting clauses or unintended revocation across jurisdictions.
5. Recognize the critical impact of matrimonial property regimes, forced heirship, and connecting factors like habitual residence in international succession planning.

Presenters

Hugo van Zyl

CA(SA) TEP MTP(SA), Cross-Border and Tax Specialist

Hugo is an experienced trainer, lecturer and "go-to" industry specialist. It comes as no surprise that SARS appointed him to lecture on capital gains tax and worldwide taxation based on residency. In the last six years, he has presented at least once a quarter, for anyone of the many professional bodies he belongs to. Based in Cape Town, he is proudly South African yet holds a United Emirates Residency permit, because of his UAE registered practice aimed at expats. Hugo's client base is global, includes intermediary firms, local and international financial institutions and often the powers to be at the professional regulatory bodies he belongs to.

Mathys Briers-Louw

Mathys is an skillful attorney with both local and international legal academic knowledge. He was admitted as an attorney in 2014, marking the beginning of his successful career in the legal field. His expertise covers cross-border legal matters, exchange control, international money transfers and fiduciary services. Mathys provides top-notch legal services to individuals and businesses navigating the challenges of cross-border transactions.

Stefan le Roux

Stefan is dual qualified as an attorney in South Africa and a solicitor in the United Kingdom. He is a distinguished authority in the multifaceted realms of corporate law, tax, and finance, boasting a wealth of expertise in structuring commercial and property transactions with a keen focus on optimizing tax efficiencies. His extensive knowledge encompasses a wide array of specialties, including mergers and acquisitions, finance structures, dispute resolution. Adept at navigating the complexities of international commerce, he provides strategic counsel on inward investments into South Africa, ensuring compliance with tax and exchange control regulations. His transnational qualifications enable seamless support for international clients, facilitating the establishment of corporate entities and navigating the intricacies of South African law with ease.

He is a formidable figure in the academic and professional spheres, leveraging his expertise to navigate complex legal landscapes and optimize financial outcomes for his clients.

CPD

Attending this webinar and the successful completion of the online assessment will secure a certificate of completion for 2 hours of Tax CPD.

Event Investment

Free for Tax Accountant CPD subscribers and Practice Packages. Not a CPD subscriber yet? Click here to register now.

Regular price: R460.00

SAIT member special discounted rate: R368.00

Group booking discounts available when you register for a group.

Payments and cancellations

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