How estate planning works

Patrimonial (or Wealth) planning through fiduciary and corporate structures (trusts, foundations, companies, family holdings, private funds, etc.) aims to protect the patrimony and future of the beneficiaries from unpredictable events.

The path to diagnose, design, and execute a wealth and succession protection project can be understood according to the suggested steps below:

Study and adequacy of the type of structure, jurisdiction, and composition of the elements according to the needs and peculiarities of each family.

Choice of the best fiduciary composition to combine legal, jurisdictional and compliance requirements with existing international standards and requirements.

Professional Protector Services integrating into the client or family structure, either on a corporate or personal capacity. The Protector service provides effective control over the daily routine of the structure, but most importantly supervises the service of trustees, bankers, accountants, and other service providers, assuring that it runs smoothly.

The independence of the Protector offers the Settlor(s) and family the comfort to be more, and constantly informed and fully aware of what is going on with the structure. Another important feature, is that the Protector has the ability to dismiss the Trustees if the Trust Company cease to exist, changes country or jurisdiction, or if any changes occur to the person communicating with the customer directly, such as the relationship manager.

Assistance and guidance on the design and implementation of a philanthropic project, whether being the creation of an Institution or to develop a connected philanthropic or charitable project.

Structuring various types of fiduciary structures, such as Trusts, Foundations, PTCs, Executive Entities, Funds, Holdings, Insurance Policies, etc.

Rigorous methodology for the monitoring and compliance with the international standards against money laundering and the like; specific forms for FATCA, CRS, and other.

Any examination and analysis of tax and fiscal aspects are not part of our service offering. To this end, we encourage clients to seek independent legal advice from an accredited tax counsel. If the clients do not have access to such professionals, we can present a list of tax lawyers who are qualified and accredited in different jurisdictions.

 

SOME ADVISORY POSSIBILITIES IN INTERNATIONAL HERITAGE PLANNING

Screening and coordination of third party services such as independent portfolio managers, audits and accounting reviews.

Assistance in building private investment vehicles and funds with established providers.

Consolidating assets and accounting of movable assets and real estate.

Advice on the acquisition and sale of high value assets such as works of art, buildings, aircraft and boats.

Supervision and monitoring with private banks, independent investment portfolio managers, as well as other domestic and international service providers.

Assistance and support with the management of the client relationship with financial institutions.

ABOUT OUR CLIENTS

Our professional practice works with life events that, many times, are unplanned or unexpected. For example, we see recurring situations in our daily practice that bring our clients to seek fiduciary solutions (Trusts, foundations, etc.)

Young parents who want to start a governance and succession plan for their children and grandchildren;

Independent management through a professional fiduciary who guarantees the transmission of the assets after death, following the line of precepts and wishes of the deceased, to the heirs in a confidential manner to every beneficiary;

The possibility of providing services in accompanying the management and supervision  for the matriarch or patriach’s assets when situations arise where they may no longer have control or are medically unable to make decisions, on which medical doctor or hospital to choose, as well as avoiding that this responsibility is taken over by family members or third parties;

 

Terminally ill patients or patient who will be unable to act and discry in the near future;

Precautions against sudden death. (Accidents, AVC, cardiac problems);

Drug-addicted family members;

Suspicions of marriages of interest with family members, generally among younger generations;

Homoaffective relationships;

Family disputes such as hiding movables such as jewelry, works of art, etc.

Matriarchs and patriarchs who want to keep their family values and cohesion in a state of perpetuity for the next generation with an organic and operational family governance plan;

Confidencialidade na separação das informações dispostas aos beneficiários e grupos familiares, sem haver confusão na distribuição dos bens herdados;

Families that for one reason or another do not have heirs and do not have any living relatives and want to leave their inheritance to third parties or philanthropic institutions such as cultural, leisure, sports, or charity foundations;

Marriage problems;

Terminally ill patients or patient who will be unable to act and discry in the near future;

Kidnapping and extortion threats;

Prodigality;

Family disputes with threats, including death;

Family disputes with concealment of movable property, such as jewelry, works of art, etc.