Just like notaries, lawyers and legal experts, Tiberghien deals with all aspects of national and international tax law and personal and family (property) law, from merely lending advice to assisting in legal disputes.
Because of our large team, the mentoring by our academic partners and our large knowledge department, we are able to offer you a special expertise in all these areas.
1. Our Advice & Estate Planning practice
Tiberghien’s Estate Planning practice group stands for solid solutions with strong legal bases that provide answers in complex cases and areas of concern within (inter)national estate and inheritance planning in the broadest sense. From civil law and international private law, our specialists make the link with national and international tax law to reach an unambiguous and straightforward answer to any problem. Thanks to the unique combination of civil and tax law experts, Tiberghien’s Estate Planning practice group is the ideal partner for you and your client to find a tailored answer in which long-term certainty in legal terms and peace of mind (for the families concerned) are the focus.
The Estate Planning team practice group analyses the entire picture in detail to come to an advice. In (family owned) businesses, our specialists detect potential areas of concern and opportunities for (family-member) shareholders with regard to income tax, registration and succession charges and inheritance tax, and for the business itself when it comes to Belgian corporation tax and VAT. As a result, (active and passive) shareholders and the business itself profit significantly from this multidisciplinary approach.
Tiberghien’s Estate Planning practice group can help you in the following areas:
- regulations and opinions on registration and succession charges ans inheritance tax in all three regions of Belgium, for example with reference to life insurance policies, split purchases, split registrations and the declaration of estates;
- advice, guidance and drafting of documents/deeds within the context of controlled asset transfers to the next generation through, e.g. Belgian civil-law partnerships (‘burgerlijke maatschap’), (Dutch) foundations (‘stichting-administratiekantoor’) or (Belgian) private foundations (‘private stichting’);
- aspects of international asset and inheritance planning if links with other countries exist (nationality or residence of the donor/testator or donee/legatee, estate, etc.);
- aspects of international private law in drafting deeds of gift, wills or marriage contracts, always with the (inter)national tax situation in mind;
- filing requests for advance tax rulings with the Belgian Federal or Flemish Advance Tax Rulings Service;
- transfer of family enterprises or businesses to the next generation or third parties, always with the interests of all parties in mind.
2. Dispute & Dispute Resolution practice
Tiberghien has an extensive expertise in family law and family property law, both in terms of their civil law and tax law aspects.
Because of our experience in this area, we can advise and assist our clients in negotiating amicable settlements or help them work towards a legal solution in disputes to do with family, property and inheritance law, both in Belgium and abroad.
Tiberghien’s Litigation Team is always willing to assist in areas such as:
- tax law: in legal proceedings and administrative procedures, e.g. filing appeals;
- inheritance law: with the liquidation and division of estates and any related aspects (sealing off, sequestration and seizure);
- gifts and wills: with gifts in all forms, parental partitions, wills and other last-wills-and-testaments (property law and non-property law aspects);
- personal and family law: with parentage, adoption, protection of vulnerable persons, separation, divorce with mutual consent or due to irretrievable breakdown, parental disputes (housing, parental authority, child support and alimony payments between (ex-)partners);
- matrimonial property law: with the liquidation and division of the matrimonial property in accordance with the chosen matrimonial property regime.