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This new treatise provides in-depth practical advice on what can and should be done to plan estates in 2011 and 2012, as well as guidance on electing out of the estate legal regime for 2010 decedents. Howard Zaritsky offers many strategies that preserve the greatest flexibility to deal with the unknown and uncertain future of the estate, GST, and gifts. Over 200 examples are provided, to explain application of the new law’s provisions and illustrate effective strategies. Nearly every chapter includes drafting tips and sample provisions that can be used to avoid or adapt to the uncertainties existing in 2011 and 2012. The treatise also contains several sample wills and trust instruments that implement his strategies.
Practical Estate Planning in 2011 and 2012 includes:
A technical analysis of the 2010 Relief Act
Guidance on whether to make the election out of the estate legal regime for estates of 2010 decedents
An explanation of the key changes that should be made in testamentary estate planning during 2011 and 2012, including how to plan with the new rules on portability
An explanation of the key changes that should be made in lifetime estate planning in 2011 and 2012, including taking advantage of the newly enlarged gift and GST exemptions, dealing with clients who are reluctant donors, and making the most of the current rules on valuation discount planning
Directions on how the new rules will affect many other areas of estate planning, including life insurance, retirement benefits, and asset protection
Appendix A, which contains complete sample wills and trust instruments
International Law
International Regulatory Developments
Braxton examines important EU legal issues likely to impact your business, such as recent judicial and legislative developments, trade, single market and currency issues, labor, legal and intellectual property issues. In each twice-monthly issue of EuroWatch you will find the legal and business information you need to find the greatest success in the new Europe.
EuroWatch provides its subscribers with an executive briefing of the important business and regulatory developments in Europe, with practical strategies for dealing with important cross-border issues, including contract enforcement, taxation, intellectual property, corporate disclosure, organizational issues, environmental controls, labor rules, and more.
Our team of contributors includes legal counsel and senior executives who manage European operations for corporations and clients like yours.
THE SOUND ADVICE YOU NEED
Our expert team provides creative and up-to-date solutions in the following areas:
•Wills and powers of attorney
•Personal and estate planning, including family trusts, estate freezes , cross-border estate planning, and immigration/emigration planning
•Succession planning for entrepreneurs and family businesses, including corporate reorganizations, shareholder agreements, the effective use of life insurance and advantaged sales
•Charitable donation planning
•Administration and variation of trusts
•Estate administration, including post mortem planning
•Passing of accounts for trusts, estates and attorneys under powers of attorney
•Removal and replacement of executors, trustees and attorneys
•Mental incapacity matters
Immersed in all areas of succession planning and estates, our teams of experts are keenly aware of the often difficult and sometimes contentious decisions our clients have to make.
We assist our clients in developing comprehensive estate plans sensitive to their needs. This typically includes the drafting of wills, powers of attorney and family trust agreements. Depending on a client’s situation, more sophisticated estate planning might include estate freezes, probate planning and private foundation planning.
TAX MINIMIZATION STRATEGIES
Whether you’re an entrepreneur or family-owned business, we can help develop and implement business succession plans, making maximum use of advantages such as the capital gains exemption, eligible dividends, capital dividends and the small business deduction.
We excel in estate administration, including probate matters, transfer of assets, post-mortem planning and personal and estate filings. Interpretation of wills and trust agreements, contested wills, lost wills, and testamentary capacity issues are handled with discretion and compassion. Our experienced estate lawyers also manage mediation and litigation of estate disputes.
Gowlings is here to protect the assets and rights of our clients and safeguard the wishes of their loved ones.
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Restructuring
• Advising on early stage financial and operational restructurings
• CCAA and BIA proposal proceedings
• Bankruptcy and liquidation proceedings
• Enforcing guarantees and security
• Negotiating forbearance and accommodation arrangements
• Advising on insolvency risks in structured transactions
• Mitigating lender liability issues
• Assessing directors’ liability
• Advising regulatory agencies on regulatory compliance
• Major restructurings and insolvencies are rarely resolved in one jurisdiction. Accordingly an understanding of local markets, insolvency laws and processes in all major jurisdictions together with cross-border implications is vital. With over 130 lawyers worldwide (combining Asian, Continental European, UK and US restructuring and insolvency experience) we are able to offer a fully integrated approach to international restructurings and insolvencies as well as dealing with domestic insolvencies in all key jurisdictions.
• The group is further supported by our global finance, corporate, tax, employment and benefits and real estate departments who regularly work on restructuring and insolvency matters.
With our many strategically located international offices – including London, Paris and Frankfurt – we are able to spearhead numerous cross-border insolvency issues involving multiple laws and jurisdictions for multinational corporations. In such situations, Weil applies its “gold standard” bankruptcy, insolvency, and restructuring experience by coordinating a diverse team of lawyers working around the globe.
Given the diverse complex legal issues and considerations that typically arise in a restructuring, our lawyers’ skill, geographic reach, and inter-disciplinary approach are well suited to assisting both creditors and debtors in dealing with the cross-border and multi-jurisdictional components of global restructuring. Our Firm has expertise with insolvency regimes in key jurisdictions around the world, a crucial consideration for companies and investors with global operations that need a proper assessment of their rights and negotiating position in the narrow context of each jurisdiction, as well as broadly across the spectrum of their business. We also handle chapter 15 filings for international companies with operations in the U.S.
Experience
Our completed and ongoing assignments reflect the diversity and dynamism that have become hallmarks of our global practice. Importantly, we have been able to regularly achieve extraordinary results for clients facing long odds in difficult positions.