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Thoughts

Planning for the future: key considerations for growing HNW families

January 2024

26 January 2024 - Global high-net-worth (HNW) families are expanding at speed and so are their concerns about preserving wealth for future generations. Compounded by the evolution of non-traditional family units, the question of how best to tackle wealth preservation in this modern global landscape can be a hard one to contend with, especially when there is a vast array of solutions available.

So, what are the key considerations for HNW families who are thinking about their options?

Common drivers

While the motivation for seeking estate planning structures may vary from family to family, there are six common reasons often at the fore:

1. Fortune conservation: HNW individuals have significant assets that they want to protect and preserve for their children and family over generations. Estate planning structures, such as foundations and trusts, provide a means to safeguard and manage assets whilst mitigating potential risks such as legal disputes, mismanagement and fragmentation.

2. Asset protection: In an increasingly litigious world, individuals and families are facing higher levels of exposure to a range of risks, from legal claims and divorce settlements, to creditors chasing debt. These are real-life examples that may motivate HNWs to adopt best practices in anticipation for the future. By utilizing estate planning structures, they can place their assets under legally viable arrangements that can support their needs by ring-fencing personal liabilities and potential threats.

3. Privacy and confidentiality: Wealthy individuals and families value their privacy and prefer to keep their financial affairs confidential. Estate planning structures established in certain jurisdictions can offer enhanced privacy, as they may have different disclosure requirements in place.

4. Tax efficiency: Estate planning structures can be designed to optimize potential tax consequences and provide solutions to better align estate and gift tax, as well as taxes on capital gains.

5. Succession planning: Complex family dynamics and multiple generations are usually involved in wealth transfer plans; therefore, the intention of key family stakeholders should be clearly articulated. Estate planning structures can facilitate the smooth transition of assets from one generation to the next, ensuring that the intended beneficiaries receive the assets according to the wishes of preceding generations.

6. Philanthropy: For some families, there may also be a desire to give back to society through philanthropic activities. Estate planning structures, such as charitable foundations and trusts, can provide a framework for ordered charitable giving, supporting the causes that HNW individuals and families care deeply about.

Widely used estate planning structures

It is important to point out the key differences between the most widely used structures in estate planning, which are private foundations and trusts. There are a number of useful factors for families to consider in order to better understand how they work and what is better suited for them.

Using Curaçao and the Cayman Islands as chosen jurisdictions to exemplify these legal structures is useful due to their longstanding existence and experience. Here are some of their distinctive characteristics:

Curaçao private foundation
Cayman trust
Legal system
Operates under Civil Law.
Operates under Common Law.
Legal structure
A legal entity established by a Founder through a Deed of Incorporation.
Not a legal entity in its own right but is a legal arrangement created via Trust Deed between a Settlor and a Trustee.
Purpose
Often used for a variety of purposes, ranging from wealth management to charitable endeavors.
Commonly utilized for asset protection, estate planning, wealth preservation and philanthropic giving.
Key parties
  • Founder
  • Supervisory Board
  • Beneficiaries
  • Settlor
  • Trustee, Protector (if applicable)
  • Beneficiaries
Control
The Founder can retain significant control over the foundation's assets by appointing a Foundation Board or a Supervisor.
The Settlor can choose whether to retain a certain amount of control over the trust (i.e. power of investment, power to add or remove beneficiaries, power to remove and replace the Trustee), or retain no control whatsoever, depending on their own personal circumstances. Trusts also allow for the appointment of a Protector (a trusted individual or entity appointed by the Settlor) who may also be given certain powers over the trust.
Asset transfer
Assets are transferred to the foundation, becoming its property.
Allows for the separation of legal and beneficial ownership of assets. Whilst the Trustees have legal ownership of the trust assets, they are holding these assets on behalf of the Beneficiaries of the trust (mainly in the future). This distinction is recognized under Common Law.
Privacy
Offers a high level of confidentiality, as foundation documents are private and not publicly accessible.
Offers a high level of confidentiality, as trust documents are private and not publicly accessible. Additionally, Cayman benefits from extensive “firewall” provisions within its Trust Law, the purpose of which is to shield or protect the trust from foreign laws or judgments.
Revocability
Can be either revocable or irrevocable, depending on the provisions in the foundation's deed of establishment.
Can be revocable or irrevocable. A revocable Cayman trust can be revoked or amended by the Settlor, thereby allowing greater flexibility. The Settlor cannot revoke an irrevocable Cayman trust; this may be beneficial to the Settlor in certain circumstances.
Legal system
Curaçao private foundation
Operates under Civil Law.
Cayman trust
Operates under Common Law.
Legal structure
Curaçao private foundation
A legal entity established by a Founder through a Deed of Incorporation.
Cayman trust
Not a legal entity in its own right but is a legal arrangement created via Trust Deed between a Settlor and a Trustee.
Purpose
Curaçao private foundation
Often used for a variety of purposes, ranging from wealth management to charitable endeavors.
Cayman trust
Commonly utilized for asset protection, estate planning, wealth preservation and philanthropic giving.
Key parties
Curaçao private foundation
  • Founder
  • Supervisory Board
  • Beneficiaries
Cayman trust
  • Settlor
  • Trustee, Protector (if applicable)
  • Beneficiaries
Control
Curaçao private foundation
The Founder can retain significant control over the foundation's assets by appointing a Foundation Board or a Supervisor.
Cayman trust
The Settlor can choose whether to retain a certain amount of control over the trust (i.e. power of investment, power to add or remove beneficiaries, power to remove and replace the Trustee), or retain no control whatsoever, depending on their own personal circumstances. Trusts also allow for the appointment of a Protector (a trusted individual or entity appointed by the Settlor) who may also be given certain powers over the trust.
Asset transfer
Curaçao private foundation
Assets are transferred to the foundation, becoming its property.
Cayman trust
Allows for the separation of legal and beneficial ownership of assets. Whilst the Trustees have legal ownership of the trust assets, they are holding these assets on behalf of the Beneficiaries of the trust (mainly in the future). This distinction is recognized under Common Law.
Privacy
Curaçao private foundation
Offers a high level of confidentiality, as foundation documents are private and not publicly accessible.
Cayman trust
Offers a high level of confidentiality, as trust documents are private and not publicly accessible. Additionally, Cayman benefits from extensive “firewall” provisions within its Trust Law, the purpose of which is to shield or protect the trust from foreign laws or judgments.
Revocability
Curaçao private foundation
Can be either revocable or irrevocable, depending on the provisions in the foundation's deed of establishment.
Cayman trust
Can be revocable or irrevocable. A revocable Cayman trust can be revoked or amended by the Settlor, thereby allowing greater flexibility. The Settlor cannot revoke an irrevocable Cayman trust; this may be beneficial to the Settlor in certain circumstances.

It is important to note that the specific features and advantages of each estate planning structure in different jurisdictions can vary depending on individual circumstances, so before taking a decision on which structure to set up, families should always seek expert guidance from experienced professionals – including lawyers, tax advisors, and financial planners. Wealth advisors will be well placed to help navigate the complexities of each jurisdiction and the estate planning structures available, to find the most suitable option specific to a family’s situation, whilst ensuring compliance with applicable laws and regulations.

For more than 75 years, families have put their trust in Citco Corporate Solution companies to preserve their assets for future generations. Working with clients and their trusted advisors to implement bespoke structures, our dedicated team of private wealth practitioners provides peace of mind in a complex world with a range of tailored solutions to meet their specific needs.

To discuss your options and requirements, please get in touch.

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