ESTATE PLANNING AND WEALTH TRANSFERS

Separate-property clause

Donors and testators seeking to define how inherited or gifted property relates to the beneficiary’s marital estate. We assess lawful separate-property provisions.

What this solution aims to address

There may be uncertainty over whether an asset becomes part of the beneficiary’s marital property.

What problem does this solve?

There may be uncertainty over whether an asset becomes part of the beneficiary’s marital property.

Legal planning replaces improvised decisions with solutions suited to the assets, the people involved and their objectives. The appropriate structure depends on the specific facts, not merely on its name.

How Moreno Advocacia can help

Donors and testators seeking to define how inherited or gifted property relates to the beneficiary’s marital estate. We assess lawful separate-property provisions.

We examine family circumstances, available documentation, applicable taxes and implementation feasibility. Where appropriate, we coordinate this solution with other estate-planning instruments.

What we examine before recommending

Beneficiary’s marital regime; source of the asset and applicable legal limits.

Instruments that may form part of the project

Deed of gift or will with an appropriately justified clause.

Important legal considerations

Effectiveness depends on the underlying instrument, the asset and applicable law. Implementation must comply with current law and the specific tax and registration requirements of each transaction.

Would you like to evaluate Separate-property clause for your circumstances?

Understand the possibilities, costs and legal implications before deciding.

Talk to our team