The curriculum for the Chartered Trust and Estate Planner encompasses trust and estate planning concerns of resident and non-resident clients and families. This core group of topics focuses on the major functional issues of high net-worth consulting, ranging from tax, finance to law. A critical aspect of this course is addressing the interpersonal skills crucial to of advising the wealthy individual or family. The course will cover such planning obstacles as Common Law vs. Civil Law jurisdictions, non-resident alien spouse, and tangible and non-tangible assets in multiple jurisdictions.Use of trust as wealth planning and tax planning tools.
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Unit 1- Introduction to Estate Planning
This course introduces the Estate Planning process beginning with the initial client interview and concluding with the drafting of basic estate documents. Topics to be discussed include handling the initial interview, gathering client information, framing the scope of engagement and drafting the engagement letter, ethical issues during representation and the probate process. The focus of the unit then shifts to drafting documents commonly used in estate plans, such as advance directives, simple wills, "pour-over" wills, and trusts.
UNIT INCLUDES
- Introduction to Estate Planning
- Estate Planning Process
- Goal Setting
- The Basic Tools of Estate Planning
- Business Succession Planning
- Philanthropy and Charitable Planning
AFTER STUDYING THIS UNIT, CANDIDATE WOULD BE ABLE TO
- Understand “What is Estate Planning”?
- Understand the Steps in Estate Planning
- Know What a Will is and how is it Drafted?
- Understand What is Business Succession Planning
- Process of Goal Setting
- Understand the difference between Charity and Philanthropy
- Understand Philanthropy Planning Process
- Implement a Charitable Planning Process
- Enumerate Different types of Charitable Trusts
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Unit 2 - Laws Affecting Estate Planning
Estate Planning and Succession Planning are closely governed by the legal structure of a country. In depth knowledge of legal structures, transfer of property acts, personal laws, inheritance law, marriage and divorce laws are essential for any Estate Planner.
UNIT INCLUDESs
- Introduction to Law
- Meaning and Essentials of a Contract
- Law of Agency
- Formation of Companies
- Various Acts
- Anti-Money Laundering
- Hindu Personal Law
- Muslim Personal Law
AFTER STUDYING THIS UNIT, CANDIDATE WOULD BE ABLE TO
- Understand the meaning of contract
- Identify the essentials of a valid
- Understand the new Companies Act 2013 and its implications
- Understand the differences between Companies Act 1956 and Companies Act 2013
- Workmen’s Compensation Act
- Employees Provident Fund Act
- Employees State Insurance Act
- Consumer Protection Act
- Payment of Gratuity Act
- The Negotiable Instrument Act
- IRDA Act, Insurance Act, 1938, Married Woman Property Act
- Transfer of Property Act
- Succession Act
- Law of Trusts
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Unit 3 - Personal & Intestate Succession Laws in India
This unit reviews the Personal Laws. The unit covers all succession laws applicable to the different religions. The major focus on Hindu Succession Act, Succession in case of males and females, Agnates, Cognates, Indian Succession Act, Muslim Laws, Wakfs, Gifts and Goa Civil Code.
UNIT INCLUDESs
- Introduction to Personal and Intestate Succession Laws in India
- Indian Succession Act, 1925
- Hindu Succession Act
- Coparcenary Property Under HSA
- Succession in Case of Males Under HSA
- Succession in Case of Females Under HSA/li>
- Minority and Guardianship Act 1956/li>
- The Hindu Adoption and Maintenance Act, 1956
- Mitakshara and Dhayabaga Schools of Hindu Law
- Muslim Law
- Gifts Under Muslim Law
- Wakfs Under Muslim Law
- Goa Civil Code
AFTER STUDYING THIS UNIT, CANDIDATE WOULD BE ABLE TO
- Define various Personal Laws in India
- Describe Intestate Succession
- Describe Indian Succession Act 1925
- Understand various Hindu Acts
- Describe various Schools of Hindu Law
- Describe Goa Civil Code
- Describe Domicile and its Components
- Describe Succession Certificates
- Describe Class I and Class II heirs
- Understand Legal Order of Heirs
- Describe Cognates and Agnates
- Describe Rules of Succession in Female Hindus
- Understand Order and Manner of Succession
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Unit 4 - Testamentary Succession
The course explains how to make your client the entire family (as opposed to just the patriarch and matriarch). It distinguishes between wealth creation, wealth preservation, and wealth transfer. How to best address the challenges of planning and counseling the entire family? Additional matters that are addressed include estate liquidity issues, using life insurance to meet estate needs, and the use of inter vivo gifts as part of the planning process. How to integrate all of the client’s assets into a cohesive estate plan is reviewed in detail.
UNIT INCLUDES
- Wills and Succession Planning
- Wills Under ISA
- Wills (Wasiyat)
- Transfer of Property
- HUF
AFTER STUDYING THIS UNIT, CANDIDATE WOULD BE ABLE TO
- Understand the process of formation of a Will
- Enlist the advantages of writing a Will
- Know the process of writing a Will
- Know what is a Muslim will or wasiyat
- Understand various modes of making Muslim will
- Describe Sunni law and Shia law
- Understand the Characteristics and Types of Mortgage
- Understand the essentials and Types of Lease
- Compare between Buy versus Lease
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Unit 5 - Trust Planning in India
Trusts constitute a very important tool in Succession Planning and thus are an inevitable part of any Estate Planning solution. This unit covers in detail the process, types, benefits and uses of trust. The use of trust in Tax Planning and Philanthropic Planning is also covered in detail.
UNIT INCLUDES
- Trust
- Trust for Un-Born Person
- Trust for Wife, Children and Other Relatives
- Oral Trust
- Private Religious Trust
- Discretionary Trust
- Living Trust
- Religious and Charitable Trusts
- 100 per cent Specific Beneficiary Trust
- Private Business Trust
- Society as a form of charitable Organization
AFTER STUDYING THIS UNIT, CANDIDATE WOULD BE ABLE TO
- Understand the concept of Trust and different types of Trusts that can be formed in India
- Explain why using a trust is beneficial for a client
- Describe the comprehensive way of drafting a Valid Will
- Outline the general duties of a trustee in India and Internationally
- Describe the features and formation of Trust for Un-Born Person
- Highlight the benefits of creating Trust for Wife, Children and other Relatives for efficient wealth transfer.
- Understand the features of Private Religious and Discretionary Trust for Wealth Inheritance, Wealth Transfer and Succession Planning.
- Define how a Private and Public Trust can be formed for wealth allocation.
- Understand the process through which a Society can be a part of the Charitable Organization
- Explain each of the different types of trust through relevant examples for better applicability in real world.
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Unit 6 - International Estate Planning
International Estate Planning issues are becoming very important for Estate Planners as wealth is becoming globalized and family members have residencies in multiple countries. Issues such as Estate Planning of non-resident spouse or a family member, management of offshore trusts etc. are dealt with. The unit covers Estate Planning laws of intergenerational wealth transfer in Singapore, the United Kingdom, USA, UAE and FEMA regulations are covered in detail.
UNIT INCLUDES
- Estate Planning in Singapore
- Estate Planning in the UK
- Estate Planning in the US
- Estate Planning in the UAE
- FEMA Regulations in Estate Planning
AFTER STUDYING THIS UNIT, CANDIDATE WOULD BE ABLE TO
- Wills in Singapore
- Estate Planning in Singapore
- Inheritance Tax in Singapore
- Resident in US for tax purposes
- Domicile in US
- Generation Skipping Transfer Tax
- Tax Domicile Certificate
- Estate Planning in UAE
- Relationship between Income Tax Act and FEMA
- Returning Indian
- FEMA on Trusts