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CTEPTM Curriculum

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.

Unit 1- Introduction to Estate Planning

Unit 2 - Legalities ofSuccession Planning

Unit 3 - Indian Taxation Laws

Unit 4 - Trust Planning in India

Unit 5 –Advanced Estate and Succession Planning

Unit 6 - International Trust and Estate Planning

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 then will shift to drafting documents commonly used in estate plans, such as advance directives, simple wills, "pour-over" wills, and trusts.

Unit Includes:

  • Concept of Estate Planning
  • Estate Planning Process:
  • Steps in Estate Planning
  • Tools of Estate Planning
  • Business Succession Planning
  • Life Objectives Goal Setting
  • Philanthropy and Charitable Planning

After studying this unit, candidate would be able to:

  • Understand the concept and need of Estate Planning
  • Highlight the different goals (Financial Goals, Tax Goals, etc.) of Estate Planning
  • Identify the Obstacles to Effective Estate Planning
  • Understand the Different Phases of Estate Planning
  • Understand of Major Steps in a Comprehensive Estate Planning Process
  • Enumerate the different tools used in Estate Planning (Wills, Trusts, POA, Life Insurance, etc.)
  • Highlight the Nuances of Business Succession Planning
  • Understand the importance of Life Goal Setting in Estate Planning
  • Describe the process of Philanthropic and Charitable Planning

 

Unit 2 - Legalities of Succession 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 Includes:

  • Introduction to Law
  • Meaning and Essentials of a Contract
  • Law of Agency
  • Formation of Companies
  • Anti-Money Laundering
  • Islamic Sharia Banking
  • Hindu Personal Law
  • Muslim Personal Law
  • Hindu and Muslim inheritance acts

After studying this unit, candidate would be able to:

  • Describe the various sources of law(formal and informal)
  • Identify the essentials features of a “Valid Contract” in India
  • Introduce the Law of Agency and various “Agency and Principal” relationship.
  • Identify Stages of formation of a Company and describe the documents required during the formation of a Company
  • Describe the various stages involved in money laundering and understand the different measures of various agencies to curb money laundering
  • Understand the Hindu Personal Law with regard to marriage, divorce, inheritance, succession, adoption etc.
  • Understand the Muslim Personal Law with regard to marriage, divorce, inheritance, succession, adoption etc.

 

Unit 3 - Indian Tax Laws:

This unit reviews the Indian Tax Laws. The unit begins with a review of the role these taxes play in the current tax regime along with a detailed discussion of how the taxes are calculated. The gift tax asset transfer issues then will be analyzed in depth with specific attention to what constitutes a taxable transfer, role gift-giving plays in an overall estate plan. The remainder of the course will analyze the capital gains tax and tax planning techniques. Specific attention will also be given to available tax deductions and credits.

After studying this unit, candidate would be able to:

  • Describe the Tax System : Proportional, Progressive and Regressive
  • Understand the different types of taxes levied by the GOI
  • Describe who all are liable to pay Income Tax in India and identify who all come under the category of an assesse
  • Understand the different ‘Heads of Income’
  • Describe the conditions under which income from ‘House Property’ can be taxed & Compute the income from business or profession
  • Learn the concept of Profit or Loss from Capital Asset Transfer
  • Understand the income tax rate on profits from horse races, lotteries, card games, etc.
  • Explain the scope of liability to wealth tax and Understand how filing of Income tax return is done

 

Unit 4 - 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 would cover 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
  • 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
  • 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.

 

Unit 5 –Advanced Estate and Succession Planning:

The course explains how to make your client the entire family (as opposed to just the patriarch and matriarch). It distinguishes between wealth creation and preservation, and wealth transfer and how to best address the challenges of planning and counselling the entire family.Additional matters that will be 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 will be reviewed in detail.

Unit Includes:

  • Wills and Succession Planning
  • Intestate Succession
  • Transfer of Property
  • HUF as Estate Planning tool
  • Business Succession Planning
  • Creating Estate Plan Solutions

After studying this unit, candidate would be able to:

  • Understand the concept of Will and succession planning
  • Explain the risks to clients of not writing a Will
  • Describe the comprehensive way of drafting a Valid Will
  • Understand the legal implication of a succession of a Hindu Male dying intestate
  • Understand the legal implication of a succession of a Hindu Female dying intestate
  • Describe the rule relating to the distribution of property amongst Class I & II Heirs
  • Understand the Concept of Transfer of Property and its categories
  • Identify the peculiarities involved in the various mode of transfer of property
  • Understand the basic requirements to form a HUF
  • Describe the Taxation of the HUF
  • Describe the methods reducing the tax incidence in the case of HUF
  • Explain the various client types in relation to Estate and Trust Planning
  • Provide blue print to create ‘Estate Plans’ for clients including individuals, couples and families.
  • Estate Planning, Trust Planning and Family Succession Planning issues and solutions.

 

Unit 6 - International Trust and Estate Planning:

International Trust and Estate Planning issues are becoming very important for estate planners as wealth is becoming globalized and family member 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 and taxation of intergenerational wealth transfer in USA, Singapore and United Kingdom are covered in detail.

Unit Includes:

  • Trust and Estate Planning in USA, UK and Singapore
  • Trust and Estate Planning tools and processes globally
  • Inheritance Tax concerns Internationally
  • Tools of Succession Planning, Trust Planning and Estate Planning

After studying this unit, candidate would be able to:

  • Understand the Taxation structure in US
  • Describe the key features of Taxation Structure in UK
  • Explain the Structure of Taxation in Singapore
  • An overview of Inheritance Tax (IHT) as it affects lifetime gifts in US, UK and Singapore
  • Advise a client on how to achieve maximum benefit from the exemptions and reliefs through effective estate planning
  • Understand IHT (Inheritance tax) in relation to lifetime gifts
  • Describe the policy and Nature of Generation Skipping Transfer Tax.
  • Describe the inheritance tax treatment of different trust structures including bare Trusts, Asset Protection Trusts and other relevant property trusts
  • Evaluate the impact of IHT on a deceased client’s estate.

 

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