Family law and inheritance

At Alen y Marbe, we combine our experience in family law, inheritance law and wealth management to offer comprehensive advice to families, individuals and family offices. Our team of family and civil law attorneys works both to prevent disputes and to provide legal representation before the courts, with a global view of family wealth and its transfer to future generations.

Family law and inheritance

We provide defence and advice in all areas of family law and inheritance:

• Separation and divorce, both by mutual agreement and contentious.
• Liquidation of matrimonial property regimes (community of property, separation of property, participation, etc.).
• Modification of measures (child support, use of the family home, custody, visitation, spousal maintenance, etc.).
• Enforcement of judgments when the other party fails to comply with what was agreed or judicially ordered.
• Incapacitation proceedings, support measures, guardianship and curatorship.
• Filial/parentage proceedings.
• In inheritance matters, we provide comprehensive advice that includes:
• Drafting and planning wills tailored to each family and wealth situation.
• Tax advice and division of estates, seeking the most efficient option from a tax perspective.
• Challenging testamentary provisions and partitions where there are defects, abuses, lack of information or breaches of heirs’ rights.
• Contentious division of estates and defence of the interests of heirs, legatees and forced heirs.
• Other related areas of practice

Our cross-disciplinary approach also allows us to act in disputes that directly affect families, foundations and associations:

• Disputes within foundations and associations (governing bodies, amendments to bylaws, liability of board members or directors).
• Consumer law: lack of conformity of products or services, withdrawal, claims against producers and manufacturers.
• Horizontal property: resolving conflicts in homeowners’ associations, collection of community fees, challenging resolutions, advice on community management.
• Personal status law: court authorisations to sell or encumber the assets of persons with disabilities, declarations of death and similar situations.
• Ecclesiastical law: in particular, disputes with the Holy See or other ecclesiastical authorities regarding intervention in associations and foundations.

Legal management services for family wealth

In addition to traditional legal advice, Alen y Marbe offers legal management services for family wealth, which can be provided jointly or separately depending on each client’s needs.

All these services can be provided directly to the family, but also to the family’s specific family office, to its administrator or to the trusted person appointed to centralise the management.

Preservation of wealth

We help preserve family wealth against economic, personal or business risks:

• Assessment of the risk exposure of family wealth.
• Advice on arranging insurance for the family and the business, analysing the options most suitable in each case.
• Monitoring of the legal and tax aspects linked to the wealth and the family structure.
• Legal representation in any court proceedings necessary to protect such wealth.

Wealth management and growth

We support the family in its day-to-day management and strategic decisions:

• Legal advice on acquisitions and disposals of assets.
• Advice on the ordinary management of wealth (contracts, relationships with suppliers, banks, public administrations, etc.).
• Day-to-day direction and control of the family’s financial affairs (Social Security matters, local taxes, fees).
• Monitoring of positions in companies and participation in relevant decisions from a legal perspective.

Orderly transfer of wealth

We plan succession in order to minimise the risk of disputes between heirs and ensure the continuity of the family project:

• Design of a comprehensive succession plan (family protocols, shareholders’ agreements, wills, prenuptial agreements, separation of property arrangements, etc.).
• Coordination of civil, corporate and tax planning so that the transfer of wealth takes place safely and efficiently.
• Comprehensive management of real estate wealth

We provide a full legal service for the management of family real estate assets:

• Organisation and safekeeping of all legal and administrative documents relating to the properties.
• Accounting and control of income and expenses arising from real estate assets.
• Negotiation and collection of rents; management of tenants and relations with lessees.
• Handling payments to suppliers and, where applicable, employees involved in the maintenance of the properties.
• Payment of taxes and fees related to the properties; obtaining permits and licences.
• Management of technical maintenance of buildings, repairs, refurbishments and incidents.
• Control of deposits and guarantees, monitoring of lease expiry dates and preparation of renewals or terminations.
• Drafting of all necessary legal documentation (contracts, addenda, amendments, termination agreements).
• Attendance at Homeowners’ Association meetings.
• Preparation of regular reports (monthly and annual) with financial analysis of rental income and expenses.
• Legal representation in any court proceedings that may arise in connection with the properties.
• At Alen y Marbe, we place at every family’s disposal a multidisciplinary team capable of supporting them at every stage of their personal, family and wealth-planning journey, with a close, preventive approach focused on protecting and growing their assets over the long term.

Call us or contact us on 613 315 400 and tell us how we can help you.