Estate and Succession Planning
Succession planning is the process adopted to structure, during a person’s lifetime, the future transfer of accumulated and/or expanding assets.
Its primary purpose is to enable the strategic transfer of assets from the owner to their successors. By doing so, potential family conflicts and inheritance disputes may be avoided, while allowing the asset holder to distribute their estate according to their wishes. Additionally, proper planning may help minimize the tax burden associated with the transfer of assets.
In Brazil, a significant number of companies are family-owned. Therefore, one of the key pillars of succession planning is to preserve business continuity and the circulation of wealth across generations. By organizing and structuring the succession process in advance, the transfer of management and control becomes less disruptive, more efficient, and more seamless, ensuring the long-term preservation of family assets.
Estate and Succession Planning at Barbero Advogados
Barbero Advogados has a multidisciplinary team capable of delivering the most effective legal strategies in the field of Estate and Succession Planning.
Our practice includes providing personalized succession planning advisory services, tailored to the specific circumstances of each client. We develop strategic solutions aligned with our clients’ interests regarding the allocation of their assets, preventing asset dissipation and safeguarding the proper functioning of companies in which they hold ownership interests.
Among other measures, Estate and Succession Planning may include:
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Selection of the marital property regime at the time of marriage and/or its modification during the marriage.
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Preparation and structuring of wills.
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Donation of assets with reservation of usufruct and inclusion of restrictive clauses, such as non-community property, inalienability, protection from attachment, and reversion clauses (in the event the donor survives the beneficiary).
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Creation of asset-holding or investment holding companies.
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Modification of the company’s legal structure to facilitate succession and transfer to heirs.
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Tax analysis of the proposed succession planning strategy.
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Issuance of legal opinions on succession planning matters.
