Italy: Of ownership, stewardship and purpose in family businesses - the role of foundations (and trusts)

6 July 2025 
Oxford University Press, Trusts & Trustees, Volume 31, Issue 6, July 2025, Pages 311–315,

Abstract

This article explores the challenges of succession into family businesses, particularly in Italy, where over 70% fail to survive the second generation. It highlights the effects of two alternative approaches: a tactical one, focusing on immediate transfer and tax optimization, and a strategic one, prioritizing the purpose of long-term continuity. The importance of “stewardship” and “purpose” in family businesses is emphasized. Foundations and trusts are the legal tools to dedicate assets to a purpose so that they can engrave upon ownership the features of stewardship. They can functionalize property rights to ensure the continuity and growth of the business as well as the prosperity of the family, reduce family conflicts and promote the coordination of family and business toward a common purpose, but they should not serve as a means to impose the will of the deceased one ‘beyond the grave’.
 


 
Lawyer

Andrea Vicari

Profile

In brief
- Many Italian family businesses fail to survive beyond the second generation.
- A tactical approach focuses on transfer and tax efficiency; a strategic one on long-term continuity.
- Stewardship and purpose are central to sustaining family businesses.
- Foundations and trusts help dedicate assets to a lasting purpose and continuity.
- They reduce conflicts and align family and business, but should not impose the founder’s will indefinitely.
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