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LEE & LI Bulletin - August 2020

Bulletin

Family Business Succession Planning and Family Matters Series - The critical role played by guardians in family succession planning in light of the “adult guardianship by agreement” amendments to the Civil Code and the Family Act

When founders or top executives of family businesses are found to have mental disability, different factions within the family tend to compete with each other for guardianship in order to take control of the family business or property management rights. This type of family succession dispute comes along once in a while, which fully demonstrates the significance of guardianship appointment. In the middle of 2019, the Legislative Yuan passed the third reading of the “adult guardianship by agreement” amendments to the Civil Code and the Family Act to resolve such practical issues as family members fighting over guardianship or refusing guardianship altogether, or serious delays to guardianship appointment owing to the fact that even courts find family disputes difficult to resolve. With the most recent amendments as a starting point, this article introduces and reviews the development of Taiwan’s guardianship system, as well as the newly amended articles, relevant procedures and additional measures for adult guardianship by agreement. ... More

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