In brief

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.

The commercial trust in Colombia: a massive surge

Sergio Rodríguez-Azuero

In Colombia, the commercial or mercantile contract is a vital institution for the economy’s growth and overall health. Although the figure of the trustee is limited to financial institutions authorized by the government, through the Superintendency of Finance, the contract in question is still immensely popular.

In depth

Modernisation of will-making formalities requires a fulsome embrace of technology

Mark Johnson

Reform to enable electronic wills in England and Wales is on the horizon as the Law Commission reviews responses to its supplementary consultation with a view to reporting in early 2025. This article considers will-making in England and Wales and the potential impact of Wills Act 1837 formalities as a drag on the propensity for will-making. The article advocates a whole adoption of technology to enable electronic wills, supported by an electronic wills registry, to increase the accessibility and propensity of will-making. Methods for electronic signatures, asynchronous witnessing, and electronic storage are evaluated together with a comparison to nascent electronic will regimes in the US and Australia.

Case Note

Statutory trusts, planning law and open spaces: R (on the application of Day) v Shropshire Council

Lloyd Andrew Brown

This case comment argues that the Supreme Court decision in R (on the application of Day) v Shropshire Council [2023] UKSC 8 is significant for two reasons. From a technical standpoint, the judgment rightly preserves the public recreation rights afforded under a statutory trust following an unlawful disposal by a council to a private developer. Not only does this show that statutory trusts bestow subsisting rights, but that public bodies must comply with the statutory schemes imposed upon them. From a public policy standpoint, the ruling also protects local communities’ rights to open spaces and the environment over private development.