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Guiding estate and legacy planning

Guiding estate and legacy planning

It is anticipated that $84 trillion in wealth will be transferred in the USA by 2045. Still, despite half of Americans expecting to receive an inheritance within the next ten years, family discussions remain lacking.

South African families often follow the trend of not discussing their family’s transfer of wealth before or even during critical changes. Each family has a unique story that impacts our world; we can accept matters as they are or choose a different outcome for ourselves and our families. By being proactive, you can protect and enhance your family story, empowering you to take control of your family’s future.

The terms “Estate Planning,” “Legacy Planning,” “Financial Planning,” and “Wealth Planning” all aim to ensure a stable future for individuals and their families. By providing a secure future for your family, creating a positive family legacy, and making each generation count, you are not just impacting your family, but also the world they will inherit.

Living with a purpose helps us break the cycle of persistent poverty and negative patterns that disrupt our family narratives. Poverty extends beyond finances to our thoughts, emotions, and actions. Thorough estate planning secures the family’s financial future and inspires a positive family legacy story, making each generation count and filling the future with hope and optimism.

Our lives are shaped by the speed of our responses and the people surrounding us during critical moments. To break the cycle of poverty or any detrimental pattern, a family must take deliberate action and craft a positive narrative to inspire others and empower future generations. This empowerment is not just a key; it’s the key to a brighter future for your family. It will motivate and inspire you to act and secure your family’s future, giving you a profound sense of control and unwavering confidence.

One standard error seen over the years is when people are selective about the information they disclose when setting up their estate and legacy plans. Including all family members, especially those with special needs, is crucial as their exclusion can lead to a less effective strategy. This might delay the administration process, increase costs, and add a layer of stress. Knowing these potential consequences can help you make informed decisions and avoid unnecessary complications.

Focusing on the right things is essential even when everything is going well. Change is constant, so planning for a crisis is critical. An estate and legacy plan can provide additional protection during challenging times. By understanding the need for continuous change and crisis planning and seeking professional advice, you can feel reassured that your family’s future is secure and that you are well informed and guided in your decisions.

Estate planning is crucial for wealth distribution, protection, and providing for loved ones. It’s important to dispel the misconception that it’s only for the wealthy. Neglecting estate planning could perpetuate generational poverty. Understanding its importance and taking deliberate action is critical to breaking the cycle of poverty, and it’s the first step towards a secure future for your family.

Waiting for better opportunities may lead to a prolonged wait and feeling stuck in a holding pattern, preventing families from enjoying life. Starting the wealth creation process with small steps can make a big difference. It is crucial to begin planning the family’s future early, as this can create a sense of fulfillment in building a better life for loved ones and humanity while also honoring the family’s legacy.

The planning process involves tax considerations, so it is crucial to seek advice from a tax expert. Families must rely on competent advisors with the necessary expertise. Strategies that align with your family’s values, mission, and vision are more effective. For example, if your family respects obtaining an education, gaining knowledge will be a shared vision, which will assist you in making better decisions.

A key element for many is their drive and constant passion for succeeding and working with the available resources. Those who consistently keep a bigger-picture outcome, even when nobody sees their picture, will eventually succeed with their legacy story.

Regrettably, many individuals encounter situations where it seems like everything is lost, whether due to external circumstances or their actions. Nevertheless, such challenges provide an opportunity to cultivate resilience and ingenuity, which can increase emotional abundance. Subsequently, this may facilitate the potential for a state of abundance.

It is crucial to teach our children the value of money rather than allowing them to spend it thoughtlessly. Ideally, children should learn to respect and appreciate money and integrate this understanding into their daily lives. Instead of making money their goal, they should use it as a tool to pursue their aspirations.

Throughout the years, I have observed various family and estate planning scenarios. Some families have gone from having little to accumulating substantial wealth. In contrast, others have lost their wealth due to how some individuals perceive or mishandle money, leading to a new generation having to rebuild their wealth.

Families can initiate the discussion by discussing their family values, mission, and vision for the future. Suppose families miss specific opportunities or fail to plan for particular scenarios. In that case, they expose the family wealth story to risk factors, such as a claim that might be instituted and that could delay the administration process.

Families can take a few easy steps to start the process. Gathering information and finding an excellent professional will guide the family towards a better outcome.

By Anne Klein

Categories
Family Subscribers

Boutique Advisors’ Discussion – “The State of Family Offices”

Boutique Advisors’ Discussion

Thoughtful Conversations | Inspired Action

Held on 25 July 2024

In conversation with Brian DeLucia and Anne Klein.

“The State of Family Offices”

 

Who is Brian DeLucia?

Brian DeLucia is a respected family office influencer who specializes in real estate, critical infrastructure, and old economy recurring revenue businesses. His unique ecosystem of resources and experiences combines other family offices, institutional capital, and real-world scenarios to build strategic relationships within the confidentiality framework. Brian aligns shared goals with missions and values. He communicates regularly with attorneys, accountants, advisors, family offices, and asset owners to gather and share intelligence. Additionally, Brian embodies a disciplined philosophy of family governance that aligns with its mission and values to uphold risk management, health, safety, and security of its members. Brian ensures that his family legacy in the real estate industry lives on through his participation in events and conversations. His love for competitive sports demonstrates his desire to thrive in a competitive industry.

What is the connection between Brian DeLucia (“Brian”) and Anne Klein?

The co-authors of “SWITCHING BILLION-DOLLAR CONVERSATION LINES, FAMILY OFFICES & GENERATIONAL SUCCESS.” They were introduced before the 2020 lockdowns. Despite facing various professional, personal, and business barriers, they are keenly interested in family offices, founder-led companies, intergenerational planning, and creating opportunities for others. They recognized that differences and challenges often lead to innovation and unity through shared values, leading to a greater purpose, similar to the history of successful families. They wrote the book to share their knowledge and wisdom with the international family office community and the generational wealth profession in areas that are often a mystery to others through their single and shared experiences and practical insights. Anne Klein’s company name is derived from Brian’s surname, which was switched around and combined with her surname.

Summary

LuciaDeKlein Private Office recently organized an event for boutique advisors, during which we gained insights from Brian regarding family offices. Brian shared his unconventional entry into the world of family offices, drawing on his experience in sports to highlight the importance of team selection in the finance industry. He also discussed different definitions and forms of family offices and the impact of COVID-19 on family office dynamics.


FULL INTERVIEW

Background to the session

We organized an event for boutique advisors to ensure everyone gained insights into important topics. This puts advisors in more crucial roles. It’s not easy to access specific topics, such as family offices. We had the opportunity to interview Brian DeLucia, and here is a summary of our discussion:

The introduction and additional exposure to South Africa

We were introduced to Brian through a mutual connection. During one of his trips, he visited South Africa as part of a U.S. Government delegation. He delivered a keynote speech on leadership and economic development through private capital, indicating a high level of interest in the topic. Brian explained that he entered the world of family offices in an unconventional and non-traditional manner. Despite not having a high-profile banking or academic background, he entered the industry from a sports background, starting his career at Fox Sports during the 1990s to 2000s, covering the National Football League.

How sport influenced Brian’s leadership philosophy

Brian drew on his experience in sports to explain that the process of aligned interests through team selection in the finance industry is similar. Intelligent insights are needed to choose the right teams that align with interests. Growing up in a sports environment highlighted the importance of selecting players who complement each other’s skills, bringing domain expertise and uniqueness to strengthen the team.

Introduction to the world of business

Brian’s curiosity extended to businesses in various industries, including construction. He started at the bottom, learning all aspects of the company, including sweeping the floors to maintain clean job sites. However, he soon realized that he needed to learn different things. Some liquidity events within his ecosystem occurred 15 years ago, shifting his focus to put more structure in place.

Flowing into the family office landscape is as subjective as the definition.

According to Brian, the definition of a traditional family office is subjective. There are many ways to define a family office and various forms of family governance. Some treat it as a standalone office, while others work within virtual family offices or run it as an embedded office, reflecting the spirit of a family office. Virtual family offices have no physical location, but they offer services remotely.

The role of the family office and the family

The family office identifies the values and directives of what a specific family is seeking to accomplish, manages the family’s economic interests and non-financial affairs, sets up the framework for wealth transfer, and prepares the next generation for success in the same industry or elsewhere, utilizing family resources and values.

The evolution of family offices

Brian mentioned that family offices have been around for a long time, albeit more commercialized over the past 10 to 15 years. However, some shifts have happened post-Covid. Families that might have come out of the woodwork several years ago have receded a little over the past few years, opting for smaller groups to have aligned discussions in a more intimate setting.  In the larger gatherings, we have seen a shift to exposing the next generation within families, allowing their children opportunities to network, finding common interests, and empowering this next generation to share ideas.

A world of disruption

Since COVID-19, various families have changed the dynamics around their internal teams, some becoming more professionalized while others reducing headcount. Aftershocks through broken supply chains and geopolitical unrest have family offices revisiting their portfolios to minimize execution risks.  Concurrently, family offices have been faced with increased challenges and vulnerability in protecting their digital footprints and data, which has prioritized strengthening policies and procedures through many daily functions that include multiple layers of security. 

The end

July 2024

Recorded by Anne Klein

Categories
Professional Subscribers

Intergenerational Wealth Tools

It can be challenging to have all the advisors in one place to help find solutions for clients; the attached article comes from years of experience in the intergenerational landscape and will set you apart from your competitors if you custom-make it for your practice.

“The hardest thing in the world to understand is the income tax.” - Albert Einstein

The ever-changing and uncertain nature of private wealth and tax advisory

It is estimated that a 5% wealth tax on multimillionaires and billionaires in the G20 countries could
generate $1.5 trillion annually. A taxation system overhaul would significantly impact the private
wealth and tax advisory landscape.

Private advisory continues to demand a different set of skills

Fiduciary advisors and tax practitioners must continually upskill themselves to assist families in
navigating the global succession challenges for family wealth.
Supporting families effectively means understanding their unique needs and circumstances, including
unravelling their definition of family, what wealth means to them, their values and their vision.
With the help of diligent advisors, families can make informed decisions and effectively brief their
teams to manage future changes.

Tax expertise in a global economy

Wealthy families often require international tax
expertise to navigate the complex tax codes.
A detailed handrail note for tax is essential
for families, trusts, businesses and individuals,
mainly when dealing with multiple jurisdictions
and complex wealth structures. This can assist
in developing quick and long-term investment,
succession and tax planning strategies.

For those practising in the
wealth and fiduciary field, here are
some points to consider

Preparing a Family and Business
Charter (also known as a ‘Family and
Business Constitution’)

Families can record their values, vision and
mission for the Family and Business Charter
with expert advisors’ aid to safeguard their
legacy’s generational continuity. Various
generational and enterprise families have
successfully used family and business charters
over many generations.

Furthermore, by capturing formal dispute
resolution strategies, future generations are
empowered and seated at the table. This
approach helps ensure that families can
continue to thrive for future generations.

It is more than a balance sheet

Wealthy families have privileges and
responsibilities. Managing wealth purposefully
and responsibly involves focusing on
succession planning, asset diversification,
unique investment opportunities, family
office arrangements, inter-generational estate
planning, philanthropy, business strategies and
reporting.

Offshore family members

Advisors should understand the family’s reasons
for choosing different jurisdictions and be
knowledgeable about various topics, such as
tax and fiduciary matters. This will help steer the
next generation towards sustainable solutions.

Last Will and Testament

Depending on various factors, clients might
have multiple wills when dealing with specific
jurisdictions or worldwide assets. The different
wills must work harmoniously; one should not
override the other.

Compliance is a service

Staying compliant is crucial and the role of the
family tax advisor is constantly evolving due to
global themes and fear factors.

Encourage intergenerational
understanding and communication

Multi-generational families are often admired
for their resilience in difficult times. However,
as new generations emerge, new and old
challenges may arise. These challenges can be
attributed to a lack of familiarity and shared
experiences among family members. To
overcome these challenges, embracing change,
fostering an innovation environment and
developing sustainable strategies are essential.

Map the stakeholder network

Analysing and mapping the stakeholder
network is crucial to comprehend a family’s
distinct values, missions and visions. A family
business may involve various individuals,
such as company representatives, CEOs,
CIOs, CFOs, shareholders, business owners
and professionals like directors, trustees,
accountants and lawyers working for the family
or the family enterprise.
By analysing the stakeholder and the network
of influencers, one gains valuable insights into
the complexities and nuances of different
dynamics that shape decisions which align or
misalign matters but put things in perspective.

The power of influence

Non-family board members, married-ins,
extended family members, family council
members, leaders, next-generation family
members and lawyers or representatives
for family members may play a vital role
in the stakeholder network and the client
engagement journey. Their influence should
not be underestimated.

Gatekeepers keep score

Identify the gatekeepers of the family legacy
to help uncover gaps in the current landscape,
provide a better understanding of the
investment and succession philosophy and
capture the enterprising spirit needed to keep
the legacy alive.

Risk management and uniqueness

Gaining insight into risk management, the
types of assets held, and the definition and
allocation of assets for succession is crucial.
Each family’s unique characteristics impact
their property and lifestyle management,
thus emphasising the importance of tailored
services and next-generation education.
Neglecting security risks, including personal
and cyber threats, must be explored. Social
media risks for families must be addressed, as
they significantly impact family dynamics and
wealth. It is imperative to analyse the effect of
these often-unspoken factors.

Essential tools and knowledge sharing

Managing and safeguarding accounting
knowledge, intergenerational knowledge
transfer, balance sheet optimisation, deal
structuring and financial optimisation are
crucial topics for families and advisors.
Understanding and managing businesses,
corporate structures, family governance
structures, legal entities and financial services
is vital. Seeking business advice is critical for
family-owned companies.

"Supporting families effectively means understanding their unique needs and circumstances, including unravelling their definition of family, what wealth means to them, their values and their vision"

Clients bring skills and insights to advisory
businesses

Families with substantial investments and business
expertise are not inexperienced. Most investors who
invest millions in a business have already earned millions
in that sector. This awareness changes service models and
outlooks, customising advisory solutions.

Here are other strategies to take note of or
consider for intergenerational families

Private Trust Company

A Private Trust Company for a family acts as a gatekeeper
for wealth and provides trustee services, ensuring business
continuity. It consolidates complex family structures and
offers access to critical family decision-makers.

Choosing structures

Choosing the appropriate estate planning structure is
essential. Trusts and companies are two common types,
each with advantages and disadvantages.
Trustees owe a fiduciary duty to the trust’s beneficiaries,
ensuring asset protection and ownership planning.

The role of a protector is mainly used in offshore
structures

A protector can be appointed to perform certain functions
in a trust; it is crucial to comprehend the restrictions and
limitations that must be considered. Typically, a protector
oversees the trustee’s actions and ensures that the legal
and ethical aspects of the trust are maintained.

Impact investments

Families might be interested in impact investing,
which benefits society and the environment while
providing returns. This reflects a shift towards sustainable
outcomes across all activities rather than just focusing on
philanthropy.

Family philanthropy remains vital, ensuring
long-term sustainability for prosperous societies

To create a cohesive philanthropic strategy for a family,
one should prioritise open communication, engage
in meaningful discussions and incorporate diverse
viewpoints aligned with shared values. Consider creating
a separate family philanthropy plan or incorporating
the philanthropy framework into an existing Family and
Business Charter outlining governance principles.

A starter pack for young family members

Some families use strategies to empower and teach the
next generation by offering a ‘starter pack’. Depending on
the family’s wishes, the starter pack can create a feeling 
of independence and empowerment. The family uses the
opportunity to talk about topics relevant to family wealth
and succession and tends to observe how the starter pack is
treated. This will coincide with an advisory planning session
and ongoing discussions.

Junior boards

Younger family members can be encouraged to engage in
legacy-building techniques by creating a junior or shadow
board or involving them in family philanthropy.

Advisory boards

Families benefit greatly from a diverse and robust advisory
board, including family and non-family members. The
board can provide valuable insights and advice, with family
representatives equipped to oversee family governancerelated
matters.

Individual support for family members

Some families appoint a specific advisor for family members or
units to ensure fairness. The advisor acts as a communication
conduit and assists with important decisions and choices. The
fundamental relationship plays a critical role in maintaining
harmony in the family.

Conclusion

Advising wealthy families is an intricate and highly skilled
business. As South Africans continue to globalise their wealth,
business interests and families, their advisors must keep up
to date with myriad factors, including compliance, reporting,
taxation and estate planning.