Family holding company
We structure family holding companies to organise assets, management and lifetime succession arrangements, assessing costs, risks and legal limits before recommending the structure.
5.0 · 18 Google reviewsA family holding company holds family assets or company interests to organise management and succession. It can support planning, but does not remove disputes, taxes or risks by itself. A clause keeping gifted company interests outside marital community property must be assessed alongside the marital property regime: under Brazil’s partial community regime, for example, gifts received individually are generally separate property already. Income from those assets and a spouse’s possible inheritance rights require separate analysis. Protection on divorce therefore does not arise automatically from creating a holding company.
What we structure.
- Setting up the holdingCompany type, purpose and articles designed for your assets and family.
- Contributing assetsTransferring real estate and company interests to the company, assessing ITBI transfer tax, capital gains and other applicable tax effects.
- Gifting company interests with reserved usufructPlanning succession while respecting forced-heirship rights, the donor’s means of support and express arrangements for income, voting and management.
- Shareholders’ agreementRules for management, entry and exit, and prevention of conflict between heirs.
- Protective clausesAssessing separate-property, seizure-restriction and reversion clauses in light of their validity, scope and statutory limits.
- Tax planningAnalysis of the structure’s tax burden — no promises, with real figures.
How it works.
- Asset diagnosisWe map assets, family and goals to check whether a holding is the best instrument.
- Structure designWe define the holding type, governance and succession plan.
- Set-up and contributionWe create the company and transfer the assets, handling the taxes.
- Succession arrangementsIf a gift is appropriate, we prepare the documents, reserved usufruct and management rules. The owner decides whether to make the gift.
What clients say on Google.
“From the very start I was looked after exceptionally. The team is attentive and explains every step.”
Amanda M. · Google“Excellent, highly qualified professionals. I highlight the professionalism, the service and the honesty.”
Rita G. · Google“Very polite, patient, always with precise, accurate answers. I recommend them with no reservations!”
Thais T. · GoogleEnglish translations of genuine client reviews published on Google.
Who leads this area.
Founding partner (OAB/SP 344.334). Postgraduate in Succession Law (PUC-Campinas) and Business Law (FGV). Specialist in estate planning, family holdings and business succession. Fluent in English.
Meet Renato FalchetCommon questions.
Is a family holding worth it?
It may help organise multiple assets, several heirs or business continuity, but those circumstances alone do not justify a recommendation. We compare set-up and ongoing costs, taxes, governance and alternatives. Savings are not assured, and even a substantial estate may be better served by other arrangements.
Does a holding eliminate probate?
Not automatically. Assets validly contributed belong to the company, but company interests still owned by the deceased form part of the estate. A valid lifetime gift of those interests may reduce the assets subject to probate without excluding other property, rights or disputes. Creating the company alone does not transfer its ownership interests to the heirs.
What are the costs and taxes?
Costs include company formation, registration, accounting and ongoing administration, plus the tax effects of each transaction. These may include ITBI and capital gains on contributions, ITCMD on gifts or inheritance, and taxes on income, distributed profits and future asset sales. Tax immunities, exemptions and timing rules are not automatic. We compare scenarios under current law without guaranteeing savings.
Does a holding protect assets from debts?
There is no absolute asset shield. The separation between company and members has limits: company assets answer for company debts, and a member’s ownership interests can be reached for personal debts. Guarantees, statutory liability, fraud, misuse of the company or commingling of assets can undermine the structure. Having debt does not by itself make every transaction fraudulent, but we do not devise arrangements to prejudice creditors.
Could a holding make sense for you?
Tell us about your assets and family on WhatsApp. We give a candid opinion — including when a holding is not worth it.