Establishing ownership, restrictions, roles and succession arrangements before making decisions.
Ownership, restrictions and roles
Assets may include real estate, shareholdings, receivables and property subject to restrictions. In inheritance matters, the relevant titles, parties and liabilities need to be established. For a trust, the deed, governing law, roles and powers must be examined; these should not be confused with physical control of the assets.
The initial file
- Title documents, wills and inheritance records.
- Registry searches, contracts, debts and guarantees.
- For trusts: the trust deed, amendments, documents transferring assets to the trust and available accounts.
Preparing the decisions
Before discussing allocations or waivers, it is necessary to distinguish agreed facts, disputed valuations and unresolved issues. Any agreement must take account of company relationships, third parties and the steps required, in coordination with the relevant professionals.
Before sending documents
The firm checks whether it can consider the matter and whether there are any conflicts of interest before you send confidential material. An initial enquiry does not create an engagement.