Planning and Protection of Assets

The Firm provides consultancy in the definition of personalized asset protection strategies, with regard to:

• establishment of internal and international trusts, including for inheritance, segregation or protection from creditor attacks purposes;
• establishment of destination constraints pursuant to art. 2645-ter of the Civil Code for purposes of public utility or family protection;
• establishment and modification of patrimonial funds and deeds of destination for the protection of the family unit;

• drafting and validation of family agreements pursuant to articles 768-bis and following of the Civil Code for the generational transfer of companies;

• use of trust mandates, family holdings and trusteeships to rationalise the ownership structure.

The activity is carried out in collaboration with notaries, tax experts and financial consultants, to guarantee effective solutions from a civil, fiscal and inheritance perspective.

Inheritance and Generational Succession

The Firm assists heirs, legatees, donees and entrepreneurs in managing all phases of the succession process, including:

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• drafting and interpretation of wills (holographic, public and secret);
• challenging wills due to formal defects, incapacity or fraud;
• actions to reduce and reinstate the legitimate share;

• inheritance divisions, judicial and extrajudicial;

• waivers, acceptances with benefit of inventory and representation in succession opening proceedings;

• tax consultancy for inheritance and gift taxes, with calculation of applicable exemptions and rates.

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Particular attention is paid to the transfer of corporate and business assets, with assistance in the preparation of customized statutes, pre-emption or approval clauses, and
tools for neutralizing inheritance conflict.

Inheritance Litigation Prevention and Succession Planning

The firm develops tailor-made solutions to avoid the emergence of inheritance disputes, through:

• drafting of preventive agreements between co-heirs, including with mandatory effects and early divisions;
• inter vivos succession planning through donations, trusts or segregation instruments;
• establishment of family governance bodies and parasuccession agreements compatible with the legal system;

• support for conciliation between heirs and representation in mandatory civil mediation (art. 5, Legislative Decree 28/2010).