Legal protection for your family’s assets, relationships, and future.
We advise families and family groups on estate and succession planning, including drafting wills, handling judicial and extrajudicial probate, and organizing the transfer of assets. We also structure and manage Family Offices.
In Family Law, we represent clients in divorces, child custody, cohabitation agreements, and alimony/support proceedings. We seek quick, responsible, and effective solutions, always accounting for the legal, financial, and family dimensions involved.
What’s the difference between judicial and extrajudicial probate?
Extrajudicial probate is carried out through a public deed at a notary’s office, requires the presence of all heirs and their respective lawyers, and full agreement on how the estate will be divided; it applies when there is no will, no minor heirs, and no legal incapacity involved. It’s generally faster and less costly. Judicial probate, on the other hand, proceeds through the courts and is required when heirs disagree, there is a will, minors or legally incapacitated individuals are involved, or other circumstances require judicial intervention. We evaluate each case to recommend the most appropriate route, always aiming for speed, legal certainty, and cost minimization.
Our guidance is rooted in preserving both the estate and family relationships. Probate is an emotionally fragile moment; the extrajudicial route reduces friction among heirs. When the judicial route is unavoidable, our work focuses on mediation and procedural technique to keep the process from becoming a battleground that erodes the estate through court costs and legal fees.
When does it make sense to set up a Family Office?
Setting up a Family Office makes sense when there’s substantial wealth, multiple asset classes, and a need for professional, integrated management of family wealth. It allows financial, estate, succession, and even philanthropic decisions to be centralized in an organized structure, with defined governance and a clear separation between family assets and business assets. It’s especially recommended for family groups looking to professionalize wealth management, plan for generational succession, and protect the legacy they’ve built. We assess each family’s situation to recommend the structure best suited to their needs.
Legally, a Family Office can take various forms, from an asset-holding company (Law No. 6,404/1976) to other asset-management structures. The absence of a professional wealth-management structure exposes family assets to operational risk. The consequence of poor family governance is the fragmentation of wealth through disorderly succession disputes.
The logic of the Family Office is permanence. It removes the emotional burden from asset management and applies technical criteria for returns and protection. By separating the “family’s cash” from the “company’s cash,” we protect the livelihood of future generations against any setbacks in the operating business, ensuring a smooth, planned succession.
Can a will be changed after it’s made?
Yes. A will is revocable by nature. The testator may amend, replace, or revoke it at any time, as long as they remain of sound mind. No consent from heirs or any other party is required. We do recommend, however, that any change be made with legal guidance, to ensure the new instrument meets all legal validity requirements and doesn’t create ambiguities that could lead to future disputes among heirs. Succession planning is an ongoing process and should evolve alongside changes in the family’s composition and goals.
The rationale behind periodically reviewing a will is keeping it aligned with reality. Births, deaths, marriages, or significant changes in asset values can make an old will obsolete or unfair. We advise clients so their wishes are expressed in technically sound terms, always respecting the mandatory share owed to statutory heirs, to prevent future challenges.