Succession
Cross-Border Succession: Prepare a Family Ownership Review
Decision in brief
A succession brief should make the family’s arrangements understandable before anyone proposes a new structure. Record the legal owner of each asset, who can act if that person is unavailable, and which documents govern what happens next.
Choose a structure to answer a named problem
ADGM describes a foundation as a separate legal person, unlike a trust. Its own guidance calls for independent legal and tax advice on the proposed arrangement. Legal form does not settle recognition or tax treatment in every other country.
Source:[1] ADGM
Ask counsel to explain how the proposed structure handles the actual assets and jurisdictions. Do not assume that a trust or foundation automatically defeats all inheritance claims, eliminates probate everywhere or creates a tax exemption.
Build an ownership and continuity map
| Area | Information to collect |
|---|---|
| Assets | Country, legal owner, value range and debt |
| Documents | Wills, deeds, bylaws, shareholder agreements and beneficiary records |
| Authority | Who can sign, operate accounts and appoint replacements? |
| Family | Beneficiaries, dependencies and unresolved wishes |
| Liquidity | Bills and buyouts that could arise when control changes |
What to ask the legal and tax team
- Do the documents contradict each other or omit recently acquired assets?
- Were assets actually transferred into any existing structure?
- Which countries might apply inheritance, transfer or reporting rules?
- Who will maintain the entity, update records and explain the plan to the family?
- What is the full cost of changing the structure compared with repairing the existing plan?
When to begin with coordination
A recent move, marriage, death, business sale or new family member can be a reason to ask for a review. Start by collecting the current documents and advisers. If the family’s intentions remain disputed, a new legal wrapper alone will not resolve that disagreement. Request a defined professional scope rather than a guaranteed asset-protection outcome.
Sources and scope
Editorial briefing checked against the linked sources. No independent professional review is claimed. Application to your circumstances requires a qualified specialist.
- ADGM setting-up FAQ: foundations
ADGM · Source checked:
Define the next professional step
Share the objective, countries and timing. We review the request and discuss the specialist needed and whether an introduction is available. Agree the service scope and fees directly with the specialist.
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