Estate Planning, Family Law And Succession

Cepeda Advogados has professionals specialized in acting for Private Clients and Family Offices and provides tailormade advice seeking preservation of family assets and wealth considering domestic and foreign laws and preparation of succession to future generations.

The activities performed by the firm in its Estate Planning, Family Law and Succession practice include:

  • advice in connection with assessing current structures and their consistency with the intentions and peculiarities of each family in relation to the characteristics of existing assets and wealth and the intended manner to preserve and transfer them;
  • structuring and implementing sound legal structures from a Governance and succession perspective, in Brazil or overseas, to provide financial and operational efficiency to families and prevent Litigation, using clear estate planning rules in accordance with the mechanisms permitted under the law, incorporating and restructuring family-owned companies, and recommending and structuring investment vehicles (such as exclusive Investment Funds and pension plans) and insurance;
  • advice in connection with drafting and executing the documents required to appropriately implement structures, including civil law documents (such as wills, family agreements, creation of family assets, ring-fencing of private assets, simple and conditional donations and donations with protection clauses, creation of usufruct) and Corporate documents (minutes of meetings, shareholders’ agreements, investment agreements or put or call option agreements), as required by the specific characteristics of each family to ensure the appropriate level of legal certainty;
  • assessment of the resulting consequences and support in relation to changes of Tax residence for Brazilian and foreign citizens, working together with advisers from the appropriate jurisdictions;
  • advice in connection with identifying Tax obligations and reporting capital held overseas as a result of the structures so designed;
  • advice on the relationship of the family with the other shareholders in family businesses;
  • advice on the Tax costs of succession in relation to all types of assets, in Brazil and overseas;
  • advice in connection with drafting prenuptial agreements, postnuptial agreements, common law marriage agreements, termination agreements and advice on validating foreign marriages;
  • practice in and out of court in family law cases in general, including changing marital property regimes, establishing and terminating common law marriages, divorce, child support and alimony, revising child visitation rules, confirming paternity, arranging permits, and assisting with loss of capacity/competence and declaration of incapacity/incompetence;
  • practice in and out of court in probate cases, assisting with inheritance Tax returns and estate income Tax returns.

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