Asset Protection & Succession Planning

Legal structures designed to preserve assets, continuity and decision-making capacity

Asset protection is not about concealing property or reacting after a dispute has already arisen. It is the legitimate organisation of ownership, administration, transmission and defence of property, companies, investments and intangible assets before family, commercial, judicial or succession contingencies emerge.

L&M Lawyers Associated advises entrepreneurs, business families, creators, investors and owners of significant assets on the structuring and preservation of personal, family, business and creative wealth. The analysis brings together corporate, contractual, succession and patrimonial considerations and may be coordinated with tax, financial or fiduciary advisers where required.

Available instruments and structures

The appropriate structure depends on the type of asset, family composition, existing risks, relevant jurisdictions and the client’s objectives. Instruments that may be evaluated include:

• Companies and vehicles for asset administration.
• Family or corporate holding structures.
• Family protocols.
• Shareholders’ agreements.
• Wills and succession planning.
• Gifts and lifetime transfers.
• Trusts, fiduciary arrangements and other legally available vehicles.
• Reorganisation of ownership of property and intangible assets.
• Separation between operating and patrimonial assets.
• Structures for the ownership, licensing and exploitation of trademarks, works and catalogues.
• Governance, control and generational transition rules.
• Preventive mechanisms addressing family, shareholder or commercial conflicts.
• The selection of any instrument must be made on an individual basis. There is no universal structure suitable for every family or estate.

Client profile

The practice is primarily designed for:

• Entrepreneurs and company shareholders.
• Business families.
• Creators and artists with valuable careers or catalogues.
• Owners of trademarks, works, software and other intangible assets.
• Investors and owners of significant property.
• Individuals with assets or legal relationships in several jurisdictions.
• Families seeking to organise succession, administration or continuity of their wealth.
• Clients exposed to corporate, contractual or reputational risks.

The right time to structure

Asset planning produces stronger outcomes when implemented before a contingency. It should be reviewed when:

• A business or estate has grown significantly.
• Assets are concentrated in a single individual.
• There are children, heirs or several family branches.
• Shareholdings, companies and personal property are held within the same structure.
• A person is preparing for retirement or generational transition.
• Assets are being acquired in other jurisdictions.
• A creator begins generating significant royalties, catalogues or rights.
• An investment, sale, marriage, separation or succession is approaching.
• Commercial, contractual or judicial risks should be managed proactively.
• There is no clarity as to who will administer or receive the assets in the future.

Every structure must comply with the law, respect third-party rights and take existing obligations into account. Legitimate planning may not be used to defraud creditors, evade obligations or remove assets from proceedings that have already commenced.

Our approach

L&M begins with a comprehensive understanding of the family, the business, the assets and the relevant risks. The objective is not to create unnecessary entities or instruments but to design an architecture that is clear, workable and aligned with the client’s reality.

Asset protection should also address intangible assets. Trademarks, works, catalogues, economic rights, software, content and likeness rights may require specific rules governing ownership, exploitation, administration and succession.