FAMILY OFFICES AND ESTATE PLANNING

The constant, close and trust-based relationship with our clients motivated that several members of our Firm developed a unique experience advising family businesses, their legal structure, the design of the corresponding holding and transitioning vehicles (trusts, companies, etc.) the regulation and design of family codes and protocols, that define the role that the family members shall play within the company, the recruitment policies, training and evaluation of relatives-employees, guidelines for the distribution of profits, exit strategies, among others.

In response to the concern of our clients who deposit their trust in us concerning their intergenerational and wealth conditions, and share with us their goals and concerns, we have assembled an experienced and sensitive team that looks after, from different legal perspectives, the optimal structure for the preservation of the estate and its proper transitioning to children and relatives, maintaining the confidentiality and focusing on:

Maximizing

  • family harmony
  • confidentiality
  • security
  • flexibility

Minimizing

  • taxes and costs
  • conflict risks
  • transfer times
  • administrative burdens

At the same time, we anticipate situations that prudence advices to foresee, such as an acquired disability of the family leader, to lessen its impact in the continuity of projects and the completion of plans for succession.

Our clients include:

  • Individuals
  • Families
  • Individuals with multiple nationalities and diverse tax residences
  • Control groups of private entities
  • Executors
  • Trustees and fiduciary institutions
  • Foundations and charitable organizations

Our services include, according to the client’s needs, desires and circumstances:

Counsel in the estate and succession legal structure, including:

  • formation, merger and separation of companies
  • selection of investment vehicles (holding companies, “Sociedades Anónimas Promotoras de Inversión”, trusts, etc.)
  • incorporation of holding companies and the concentration of investments in them
  • design and drafting of by-laws and partners agreements providing for the governance of the vehicle, preferential transfers, buy/sale options and other exit mechanisms, vote agreements, etc.
  • real estate trusts
  • control and voting trusts
  • trusts for minors and disabled persons
  • drafting of wills
  • counsel in implementing insurance coverages and others
  • counsel in the incorporation of foreign companies and trusts, in coordination with advisors and institutions (corporate fiduciaries, trustees, wealth management advisors) depending on the applicable jurisdiction
  • ormation of foundations and private charity associations
  • dissolution of community property and ante nuptial agreements
  • powers of attorney for events of disability and self-appointed guardianship
  • usufruct for life and/or conditioned
  • donations
  • counsel in the event of conflicts, mediation, litigation and arbitration

We cover the above areas with an overall approach, combining diverse fields of expertise within the Firm, and coordinated with other client’s advisors, with savvy, prudence and confidentiality.”