A bizalmi vagyonkezelés, mint a végrendelet alternatívája

Even in cases like these, fiduciary asset management provides for reassuring distribution of the inheritance, expressly complying with the testator’s intentions. In such cases, the testator places the estate into fiduciary asset management, whereby his/her right of ownership ceases. Moreover, he/she issues a set of clearly defined directions regarding when, how and in what circumstances each asset can be inherited, including, certainly, the form or extent of the inheritance allocated to each heir. On the one hand, this procedure ensures that the testator’s intention for the assets accumulated by him/her is recorded with full certainty, and, on the other hand, eliminates the possibility that the will is contested.

In such a situation, for example, the settlor (i.e. the testator, in this case) may give directions forbidding his/her property to be passed on to, say, the prodigal son, but may also stipulate that the black sheep of the family should be given annual payments of a pre-determined amount or proportion from the yield of the managed asset. There is also a solution for completely excluding legal heirs from the inheritance – which may come particularly useful in case of conflicts in the family or when an heir has debts or other obligations.

Fiduciary asset management may be particularly justified in cases where the asset concerns business, such as a majority share in a major undertaking with numerous employees – in such cases a lengthy probate procedure may cause immense damage, given that the business ownership lacks a decision-maker. In the course of fiduciary asset management, the trustee manages the assets almost as if they were their own, maximising profits and ensuring optimised and certainly on-going operation even after the majority owner’s decease; accordingly, it represents an optimal solution also in such cases.

Years of experience and expertise in asset management held by our staff ensures reassuring and adequate administration of succession law cases for our clients; our colleagues can help easily establish sets of criteria linked to individually defined terms or life situations, which can be maintained to govern asset-related decisions even well after the testator’s death – whereby the unity and proper management of the assets may remain ensured even after years.