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Private clients

The law Firm Borel & Barbey is renowned for its extensive experience and expertise in advising both individuals and businesses on estate and succession planning. We offer legal counsel on all facets of inheritance, immigration, tax, art, and family law matters. Many of our client families have been with us for multiple generations, a testament to their satisfaction and trust in our capabilities.

Our clients frequently encounter challenges in international estate planning, wealth management, and dispute resolution, often seeking advice that transcends Swiss borders. Leveraging our diverse expertise, we provide bespoke guidance that addresses every legal and financial aspect of their needs.

Additionally, our Firm offers administrative services for trusts and companies, along with family office services in Switzerland and Gibraltar.

Our team works in French, English, Italian, German, and Swiss German.

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OUR LEGAL SPECIALISTS

Estate planning

Planning one’s succession can be crucial to avoid common conflicts or complications among heirs or beneficiaries, or simply for financial reasons. Likewise, individuals may wish to allocate resources to charitable actions during their lifetime or upon their death, such as creating a foundation or nonprofit association. We assist our clients in making this process as smooth as possible and in anticipating any financial or practical risks.

Legal advice and representation on both non-contentious and contentious matters related to successions, trusts, associations, and foundations are integral to the private client department at Borel & Barbey. This includes advising on tax planning for donations and gifts between individuals, charities, and corporations. We represent trustees or beneficiaries in significant disputes related to trusts.

We provide guidance on estate planning by structuring and preparing wills, succession agreements, marriage contracts, donations or bequests, mandates in anticipation of mental incapacity, and the articles of incorporation and statutes of foundations (including family foundations).

Clients may also wish for one of our specialised lawyers to act as executor of their estate. The tasks of an executor typically involve filing required documents and forms with the court and competent authorities, taking appropriate measures for the administration and preservation of the estate, and distributing estate assets according to the deceased’s wishes.

Our team offers advice on all aspects related to the Swiss Civil Code, including asset distribution to heirs, the use of disposable portion, the status of gifts made between living individuals, and issues arising from private international law, including potential tax considerations.

We also handle matters concerning trusts through various partnerships.

OUR LEGAL SPECIALISTS

Family offices

Families often seek to manage, safeguard, and pass on their wealth to future generations or dedicated structures. This involves considering a myriad of possibilities and factors. Tailored solutions are essential to address their efforts, interests, and personal circumstances.

With a legacy of advising families across generations, our law Firm is trusted for both personal and business matters.

Families evolve through various stages of creation, dissolution, and rebuilding. With over a century of experience, Borel & Barbey has helped families navigate through these transitions—whether in courtrooms or through negotiations. Our dedicated teams cultivate genuine, collaborative relationships with families, helping them tackle legal, financial, or reputational challenges.

While Swiss law promotes freedom of contract in family relations, the interplay with international law can be inconsistent, leading to unexpected outcomes. We collaborate with global experts to customise our clients’ agreements, ensuring they reflect the dignity of those who have forged unique family ties.

Our proactive approach with clients aims to assess and mitigate both internal and external risks. We also consider families’ specific needs for emotional stability and unity, and where relevant, their cultural backgrounds. Our goal is to provide enduring strategic advice that resolves current conflicts and anticipates future disputes.

Affluent families and individuals often establish their own family offices, either through our Firm or independently. A family office allows them to reorganise their wealth and enhance management by consolidating services under third-party professionals (such as banks, wealth managers, and accountants). Individuals may seek advice on setting up and running a family office, including its optimal geographical location.

OUR LEGAL SPECIALISTS

Immigration

Our team has extensive experience in immigration matters and provides legal and practical advice on all aspects of immigration law, including nationality law.

We assist our clients, particularly in their relocation to Switzerland, and facilitate obtaining permits for EU/EFTA nationals as well as third-country nationals, whether employed or not. Our services cover various types of permits in Switzerland (short-term, residence, settlement, and border permits), including those related to family reunification provisions. Our expertise also includes advising on visas or online announcements for short-term activities.

Our legal team efficiently handles any issues that may arise during permit and naturalisation applications, keeping you updated on the latest legislative developments that may impact your status and activities in Switzerland.

OUR LEGAL SPECIALISTS

Charitable organizations

Charitable organisations play a crucial role in philanthropic activities and contribute significantly to social welfare. There is an increasing trend among individuals and enterprises to dedicate their time and resources to charitable causes. At Borel & Barbey, we frequently assist in establishing and managing charities or foundations, ensuring they align with our clients’ expectations and meet statutory, regulatory, and governance requirements. We ensure that corporate donations are structured to effectively achieve charitable aims and objectives, including corporate social responsibility goals. Additionally, we provide guidance on inheritance law and relevant tax considerations pertinent to philanthropic endeavours.

Our Firm represents numerous foundations and associations in their interactions with regulatory bodies and authorities, as well as in contentious legal matters.

OUR LEGAL SPECIALISTS

Philanthropy

There are various forms of philanthropy involving diverse charitable fields such as arts and culture, science and research, health, education, sports, environment, economic development, and poverty alleviation. At Borel & Barbey, we provide guidance to individuals, institutions, and legal entities engaged in charitable activities in Switzerland and abroad.

Our clients frequently seek our assistance in establishing and managing charitable organisations, including associations, private, family, or corporate foundations, as well as public-private partnerships. With extensive experience, we advise individuals, companies, international entities, and non-profit organisations on all aspects of their charitable endeavours. This includes ensuring regulatory compliance, choosing the appropriate legal structure, understanding tax implications, and ensuring good governance.

Our expertise also extends to immigration law, employment law, and estate law concerning donations and philanthropic entities.

OUR LEGAL SPECIALISTS

Art

The growing complexity of the art market underscores the need for expert guidance to navigate the risks and implications associated with art-related ventures. While creating, trading, and marketing artworks can be rewarding in terms of pleasure, income, and wealth, it also comes with responsibilities and potential risks that should be anticipated.

At Borel & Barbey, we possess extensive expertise in advising and resolving conflicts related to every aspect of artworks and cultural assets, including the performing arts, music, and publishing.

Familiar with the intricacies of the art market, we provide counsel to artists, estates, collectors, museums, foundations, galleries, auction houses, brokers, restoration specialists, experts, and other stakeholders. This includes financial institutions such as banks, insurers, and transport companies.

Our services often involve assisting clients with transactions, import/export matters, loans, taxes, insurance, transport logistics, authentication and appraisal of artworks and cultural assets, copyright protection for artists, financial instruments linked to art, and the establishment of cultural institutions.

Furthermore, we extend our expertise to publishing, entertainment, and the performing arts sectors, providing guidance to authors, musicians, composers, performing artists, producers, directors, actors, and other professionals in these fields.

We regularly publish articles and deliver lectures on topics within art law, cultural heritage, and copyright law.

OUR LEGAL SPECIALISTS

Art institutions & artists

Borel & Barbey boasts extensive experience and established expertise in advising businesses and individuals on inheritance, immigration, tax, art, and family law matters. Art institutions and artists frequently seek our counsel, particularly regarding estate and succession planning and copyright issues.

OUR LEGAL SPECIALISTS

Art collectors & dealers

Buying, selling, and exhibiting works of art is a sophisticated business endeavour. Art dealers and collectors actively promote artists and trade artworks, while art brokers and auction houses strive to secure optimal deals for their clients. Given the high stakes involved, seeking legal advice from experts well-versed in the nuances and risks of the art market is crucial. Clients should ensure they conduct thorough due diligence and establish comprehensive agreements to safeguard their interests in planned transactions or business deals.

Furthermore, there are legal and tax considerations that must be anticipated when dealing in and holding artworks.

With extensive experience, we advise collectors and dealers on structuring art transactions, transporting artworks, safeguarding art investments, and conducting due diligence. This includes assessing authenticity, title, provenance, condition, and customs issues.

Additionally, we handle complex contentious matters involving art-related disputes under criminal or civil law.

OUR LEGAL SPECIALISTS

NEWS Private clients

“The Sale of Misattributed Artworks and Antiques at Auction”

“The Sale of Misattributed Artworks and Antiques at Auction”, Edward Elgar Publishing, 2024   Borel & Barbey is pleased to announce the publication of the second edition of The Sale...
10 December 2024

Borel & Barbey represented Yoko Ono in her legal action concerning the theft of John Lennon’s watch

Borel & Barbey represented Yoko Ono in her action for the recovery of a watch which belonged to her late husband, John Lennon, and which had been stolen from her....
15 November 2024

Art Lunch with Isabelle Harsch and Julia Henninger

Last week, we had the pleasure of hosting an Art Lunch on the theme of Business Succession with Isabelle Harsch, CEO of Harsch – Henri Harsch HH SA, and our...
17 October 2024
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