In discussions with clients there often emerges a particular need to protect family and personal matters. In this context, the professionals of Russo De Rosa Associati support the client in identifying the most functional solutions for the protection of vulnerable individuals or persons linked for reasons of emotional ties. In this perspective, as well as the use of the trust in the context of the particular meaning of welfare trust, the range of instruments available also includes the trust fund contract and the very recent co-habitation contracts.
Russo De Rosa Associati has assisted and accompanied many families who have set up intra-family welfare support projects using this particular type of trust, in which the typical set-up of the instruments is directed at guaranteeing assistance to some subjects identified as beneficiaries.
Traditionally applied in the area of disability, taken in the general sense to mean vulnerability, the welfare trust allows the predisposing during life of a system structured in minute detail for a time when the individual usually expected to take care of subjects in a difficult situation may no longer be in a position to do so.
The Legislator’s recent intervention, which with the “After Us” Law has created a fiscally favourable context for creating this kind of project for asset/assistance planning, has without a shadow of a doubt fashioned a more useful and vital instrument in family situations characterised by the presence of disabled individuals.
The use of welfare trusts is also strongly suggested in all those situations in which the client has the need to protect him or herself from the risk of non-self-reliance, typically senility.
Russo De Rosa Associati, with its constant professional updating, is in the front line in following the applicative developments of this particular contractual type recognised for the first time by a legislative source only in June 2016. The trust fund contract in particular is proposed as an “alternative” to the trust, with which it shares applicability, for realising a separate asset instrument entrusted to another subject.
The Firm’ professionals are involved in an assiduous dialectic with leading Trust Fund Institutions, and participate in many round tables on the subject, with the aim of better identifying potential target situations and consolidating a code of application of the trust fund contract.
In its planning activities of asset protection instruments, Russo De Rosa Associati has always had a particular interest in the sector of family law. Conditions relating to assets in personal relationships are the object of careful evaluation by Firm professionals: an asset protection plan can, in fact, in no way be set up without taking these issues into account.
In this context the Firm strongly supports the legislative process which in June 2016 led to the approval of the law on Civil Unions and on the regulation of de facto cohabitation.
The cohabitation contract, as a negotiating instruments with which a couple has the recognised right to discipline asset relations in great detail, is a very important step in the evolution of the sector legislation and has been favourably received by the professional world because of the potentials it encapsulates in regard to the flexibility and negotiability of the asset rights of the couple.
The Firm was a pioneer in the use of this instrument right from its introduction: the Firm lawyers, as professionals qualified to draw up these contracts, assist the clients in creating a contracted set-up for asset rights, and supports them from the discussion stage right up to the signing of the document.