What can be included in a fiduciary asset management contract?

Assignment of a fiduciary asset management company may be necessary in a number of cases. Such a step may be taken when the goal is to avoid cumbersome succession rules or the concomitant, often complicated probate procedures – with special regard to cases where the inheritance is an asset (such as a majority business share or equity stake) where even months spent with a probate procedure may result in serious losses in pecuniary or other values, or where the liquidation of a business owned is being considered, or prior to an upcoming marriage.

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Matters of family property

The fate of assets accumulated by previous generations may sometimes pose a great challenge to the heirs. Liquidating or cutting up certain assets – such as particularly valuable real estate owned by the family for generations, an internationally acclaimed brand name or a smoothly running profitable business – is impossible for practical or conceptual considerations, whereas, in other cases, such a step would result in severe depreciation or market disadvantage, or, in yet other cases, expertise needed for managing the asset, for instance, a business operating in a special area, would be missing. A similarly frequent case is that, although all professional arguments support cutting up the asset, the heirs would not allow to do so for a sentimental reason.

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The role of fiduciary asset management in case of company mergers and acquisitions

Liquidation of a business undertaking represents a frequent case. However, when a party changes their mind while the transaction terms are being met or a circumstance arises that prompts them to cancel the transaction, it entails immense risks. If, on top of that, a longer period elapses between the agreement and its implementation, even the moment of ownership title transfer may become questionable, which may in numerous cases result in a situation where it is too late for the seller and too early for the buyer to control the undertaking.

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Fiduciary asset management as an alternative to wills

The rights related to inheritance are particularly complex and often strict – in disputed or complicated cases, for example, probate proceedings may take as much as years to complete, a dispute may arise among heirs, or the property accumulated by the testator over many years may even fall into unworthy hands.

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