How to structure and protect an estate with an international element. This covers trusts and foundations in several jurisdictions. It also covers choosing the right structure and jurisdiction. It covers protecting the estate through compliance and by preventing disputes. Where appropriate, it also covers the orderly transfer of the estate between generations. The work is done by a consultant in the international STEP network who specialises in international trusts.
Florin Hrițuliac, avocat of the Brașov Bar, provides the legal services on this page. He acts for his own clients. The work is carried out through Cabinet de avocat Mihai Guran. This page is for information.
About the attorney →Today, more and more entrepreneurs and families have a large estate, businesses or assets abroad, and accounts and property in several jurisdictions. But few have structured this estate so that it is protected. That means protected from future risks, from litigation and from instability. It also means protected from badly planned tax or from its own disorderly dispersal.
Without a structure, the estate is exposed. Take assets held directly, in the person's name, and mixed with those of the business, with no considered legal design. Such assets are exposed to claims. They are exposed to disputes between partners or within the family. They are also exposed to risks that did not exist when the wealth was built up, but that can arise at any moment. The international side adds a further layer. It brings different jurisdictions, clashing tax rules, and ever stricter rules on compliance and transparency.
Wealth structuring means building the framework that keeps the estate safe. It is done in good time and lawfully. It means choosing the right instruments and the right jurisdictions. It also means choosing the right level of protection and control. It is a mature discipline in the West but still rare in Romania. Those who approach it early, before the problem arises, gain the greatest advantage.

An integrated legal and tax approach, built around protecting and structuring the estate. Transfer is the natural result of a well-laid structure.
My specialist area is structuring, administering and defending international trusts and foundations. These are instruments of foreign law that do not exist as such in Romanian law. My work also covers their taxation and the company law that applies to asset-holding structures. In Romania, I bridge to the fiducia of Romanian law, the local equivalent of the fiduciary mechanism.
Analysing and building how the assets are held. They may be held directly, through a holding, through a trust or foundation, or through international structures. The analysis looks at protection, governance and tax efficiency. It is done in full compliance with substance and transparency rules.
Building a framework that keeps the estate safe from future risks (litigation, claims, instability). This is done in good time and in good faith. It works by separating legal from beneficial ownership and by using solid holding levels.
Keeping the structure compliant with international standards (FATCA, CRS, beneficial owner, economic substance). Foreseeing trust disputes: preventing litigation and protecting the parties, including across borders.
Forming and running private asset-holding companies as vehicles for structuring the estate. This covers capital structure, directors' duties, beneficial-owner control and company migration.
Once the structure is in place, transfer between generations follows naturally. This covers succession planning, international succession and the tax on the transfer. All this happens without chaotic procedures and without double taxation.
STEP (the Society of Trust and Estate Practitioners) is the international professional body for estate and succession planning specialists. Its members are attorneys, tax advisers, trust administrators and fiduciary professionals worldwide.
I am currently an Affiliate member of STEP. At present, I am the only professional based in Romania listed in its international directory (verify here, the directory filtered on Romania). I am affiliated to the STEP Arabia branch. This regional branch covers one of the world's most dynamic areas of wealth structuring. I work from Europe. Even so, this link reflects the focus of this practice on international and mobile clients with cross-border interests.
Within this route, my specialisation is international trusts. It covers their structuring and administration, the applicable company law, the taxation of international trusts and the defence of trusts in disputes. I am deepening it through the advanced STEP certificates I am now taking. They lead toward the Diploma in International Trust Management.
The four advanced certificates of the route cover exactly the areas of wealth structuring and protection. Trusts: Law and Practice (International) covers the trust concept, the trust instrument, the choice of applicable law, asset-protection trusts and private foundations. Company Law and Practice covers how companies are used as asset-holding vehicles. Principles of International Taxation, AML and Compliance covers the global regulatory, tax, anti-money-laundering and transparency framework (BEPS, economic substance, beneficial owner). It is recognised as the "gold-standard" qualification in the international trust industry. Trust Disputes covers foreseeing and preventing trust litigation, and protecting the structure, including across borders.
Completion of these certificates is scheduled for 2027. The route ends with the STEP Diploma in International Trust Management and full membership: Trust and Estate Practitioner (TEP). This is the top level of the network. It is open only to practitioners who have finished the whole route and who practise to the professional standard of the field.
Membership of this network gives access to the field's international standards, training and collaborators. This is essential because serious wealth planning almost always crosses the borders of one country.
The field's international network: Affiliate member, affiliated to the Arabia branch
Trusts: Law and Practice · Company Law and Practice · International Taxation, AML & Compliance · Trust Disputes
The Diploma in International Trust Management and full membership (Trust and Estate Practitioner)
Principles of International Taxation · Transfer Pricing · UK, CIOT London
The legal and tax framework of the transfer
Real protection for an estate does not come from a trick. It comes from a legal and tax framework designed in good time, in good faith and with full transparency. A correctly built structure holds precisely because it is lawful, not because it hides something.
Building it starts from your objectives and assets. It then goes through a few essential decisions. Which instrument suits the purpose? In which jurisdiction? What level of control do you keep, and what degree of protection? Each choice has legal, tax and reporting consequences. These must be weighed together.
Trust, foundation, holding, family partnership or a combination. The choice depends on the objectives: protection, transfer between generations, family governance, tax efficiency. There is no structure that fits everyone, only one that suits each case.
The regulatory setting, legal stability, reporting rules, applicable treaties and international effects. These factors decide whether a jurisdiction brings real benefits or, on the contrary, limits.
Separating legal from beneficial ownership. Separating personal from business assets. Building holding levels so that the structure stands up to future risks: litigation, creditors, instability.
Following international standards. These cover exchange of information, beneficial-owner reporting and economic-substance rules. A modern structure protects precisely because it is compliant, not opaque.
The line that is not crossed. Legitimate wealth structuring protects the estate from future risks. It works only if it is done in good time and in good faith. It is not, and cannot be, a way to remove assets from existing creditors, hide assets or evade obligations already incurred.
A structure built for such purposes does not protect. It also attracts serious legal risks. This is why the right time to build is before the problem arises, not after.
It starts from an overview. Which assets do you hold, in which jurisdictions and through what means? What risks come with each? Only after this map can one speak of a structure. A suitable structure starts from your real objectives and exposures, not from a standard model.
The next steps are to choose the instruments (trust, foundation, holding, a combination) and the right jurisdictions. They also cover the desired level of protection and control. The whole exercise has two objectives. One is to protect the estate from future risks. The other is a compliant, transparent structure that lasts.
It means deciding in good time, in a structured way, how your estate is held and how it will be transferred. This avoids leaving these matters unresolved, to default law and to the heirs. It can include wills, gifts and the choice of the law that applies to succession. It can also include structuring the assets and tax planning for the transfer.
The purpose is twofold. It is to respect your wishes. It is also to protect the heirs from conflicts, costly procedures and a heavier tax burden than necessary.
The trust, as an institution, does not exist in Romanian law. It is an instrument of Anglo-Saxon law. However, many other jurisdictions recognise it. For a Romanian client with an international estate, this does not make it irrelevant. Quite the opposite. The trust or foundation is set up in the right jurisdiction, not in Romania.
This is where my specialisation comes in. It covers structuring, administering and defending international trusts and foundations. It also covers the company law that applies to holding structures, and their taxation. I work on the foreign-law instrument where it exists and has effect. Where appropriate, I do so in coordination with professionals in the relevant jurisdiction. I do not claim to set up a trust 'in Romanian law', because Romanian law does not know the institution as such.
Yes, as long as it is lawful optimisation. That means the correct use of the rules, double-taxation treaties and national regimes. The aim is not to pay more than the law requires. This is different from evasion. Evasion involves hiding or falsifying reality.
Wealth planning done correctly rests on transparency and real substance. That is the very opposite of concealment. It is a mature and legitimate practice worldwide.
Yes, to a certain extent: the fiducia, regulated by the Civil Code. Under a fiducia, a person (the settlor) transfers rights or assets to a fiduciary. The fiduciary administers them for a specified purpose, for the benefit of one or more beneficiaries.
It is the closest local equivalent of the fiduciary mechanism. Even so, it is not identical to the Anglo-Saxon trust and has its own limits. One of them is the restricted circle of persons who can act as fiduciary.
For a client with interests in several jurisdictions, the value lies in mastering both worlds. One is the trust or foundation, where foreign law fully recognises them. The other is the fiducia, as a domestic instrument when appropriate. The analysis starts from your objective. It then chooses the instrument (and the jurisdiction) that serves it best, lawfully.
A well-built structure can offer protection from future risks (litigation, claims, instability). This applies when it is created in good time, in good faith and properly funded. In many cases, assets held through a legitimate structure can be less exposed to future claims.
There is, however, a firm limit, and I state it clearly to every client. Protection works only for future and uncertain risks. It does not work against debts or claims that already exist. Structuring is not, and cannot be, a way to remove assets from current creditors or to hide assets. Such transfers are null and attract liability. Built correctly and in time, a structure protects precisely because it is lawful.
My specialisation covers four areas of international trusts. The first is structuring and administration (international trust management). The second is the company law that applies to holding structures (company law and practice). The third is the taxation of international trusts. The fourth is the defence of trusts in disputes (trust disputes).
I am deepening these areas through the four advanced STEP certificates I am now taking. They lead toward the Diploma in International Trust Management. Completion is scheduled for 2027. At that point I will also obtain full STEP membership: Trust and Estate Practitioner (TEP). This is the field's reference qualification worldwide.
STEP is the international professional body for estate and succession planning specialists. Being listed in its international directory gives access to the field's global standards, training and collaborators. This matters because serious wealth planning almost always involves several jurisdictions.
I am currently an Affiliate member listed in this directory. At present, I am the only professional based in Romania who appears there. I am affiliated to the STEP Arabia branch. I am following the advanced certification route. I expect to complete it in 2027 by obtaining full membership, TEP (Trust and Estate Practitioner).
For anyone with a significant estate, a family business or an international element: property, accounts, children or activities in another country. The more complex or geographically spread out the estate, the more value early planning brings and the more problems it prevents.
You do not need to be at the end of your career. Most people who benefit from good planning are those who start early, when they have the most options.
Separating risk from assets, fiduciary instruments and matrimonial regimes. How wealth is defended against creditors, the tax authority and time.
See the practice area →When does a structure in another jurisdiction hold up? Economic substance, place of effective management, compliance and reporting.
See the practice area →Trusts and fiducia, family foundations, cross-border succession and forced heirship, explained through cases.
See the analyses →Liability, assets beyond seizure, the actio pauliana and the line between lawful planning and fraud.
See the analyses →Non-cooperative jurisdictions, CFC rules, beneficial ownership, company relocation and exit tax.
See the analyses →A first, confidential talk makes clear the estate situation and the risks in a possible succession. It also makes clear the planning options open to you, tax and legal, in an international context.