The way family estate is managed and transferred has changed considerably in recent years, due to social and familial evolutions, as well as evolutions on tax and legal aspects. Consider, for example, the reform of the wealth tax and the taxation of revenues from estate in Belgium as well as abroad, the increasingly regionalized tax landscape, the internationalization of families and their estate and last but not least our increasing life expectancy. It is undeniable: all these changes significantly increased the complexity of family estate and inheritance tax planning.
As a pioneer in this area, Tiberghien can rely on its in-depth expertise. Thanks to our integrated and at the same time international approach, we provide tailore-made and solid legal solutions which are, from a human point of view, supported by the next generations.
Tiberghien advises estate and financial planners, private bankers and family offices, together with their clients, taking into account the financial management of the family estate as well as the structuring, the protection or the transfer of family wealth.
Our team advises and assists clients with:
1. Estate and inheritance planning:
- with or without control structures (holding, partnerships, private foundations, foundation trust office 'stichting-administratiekantoor', etc.);
- taking into account family property law (marriage contracts, changes to matrimonial property regimes, matrimonial benefits, etc.) and family law (adoption, parentage, divorce, etc.);
- organising the transfer of all or parts of the estate (drafting of gift deeds and last wills);
- taking into account Corporate or Family Governance (set-up of advisory or supervisory boards, family forums, family charters or shareholders’ agreements);
- in order to follow up the transfer of the estate in time.
2. The diverse civil-law aspects of financial management and planning:
- drafting of marriage contracts and modifications to marriage contracts;
- drafting of gift deeds and specific clauses within the constraints of the family concerned;
- drafting of last wills;
- extrajudicial protection and protection of incapable persons;
- liquidation of national and international estates;
- while taking into account the national and international aspects and the international private law aspects.
3. The various tax law aspects of financial management and planning:
- corporate as well as individual tax returns;
- registration duties and inheritance taxes;
- negotiations with the tax authorities and filing requests with the Federal or Flemish Tax Administration;
- voluntary disclosure programs;
- taxes on investment funds and legal entities;
- property taxes;
- income tax, tax on pensions and pension plans.
4. The set-up, administrative management and liquidation of companies and foundations, in order to:
- organise and structure investments according to the needs of the family concerned (private equity, real estate, art, funds, etc.);
- establish a family foundation or organise philanthropy projects;
- liquidate or modify existing legal entities (trusts, Liechtenstein foundations, etc.).
5. Mediating or defending their legal interests in case of disputes (in divorce proceedings, inheritance disputes, liquidation and division of legacies, etc.).