Hermes do Porto

Practice areas · 05

Family and succession

Succession treated as a business matter, not just an estate matter. The law responds to a partner's death before the family does: with no rule in the contract, the quota is settled (Civil Code, art. 1,028). We do not handle family law without business assets involved.

When to seek advice

When the next generation comes in, when a partner divorces or when there has been a death.

Situations that usually bring companies to this area.

01“The probate proceedings are moving slowly through the courts with no effective solution.”
02“A partner's divorce is preventing the company from operating normally.”
03“I want to plan the transfer of my companies to my children.”

In practice

What is usually at stake

Summaries of answers from the Frequently Asked Questions page. Each card leads to the full answer.

01The company to just one childIt is partly possible: half of the estate is the reserved share of the mandatory heirs. But the disposable half can be transferred in full, in addition, to the child one wishes to benefit.Full answer in the FAQCan I leave the company to just one child?
03Probate at a notary's officeIt is possible when all heirs are legally capable and in agreement. In contentious cases it usually requires extensive negotiation.Full answer in the FAQCan probate be done at a notary's office?

The first articles in this area are in the publishing calendar.

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