(SmartAsset) - With a fortune higher than the lifetime earnings of the average person, an ultra-high-net-worth-individual (UHNWI) may seem immune to financial disaster. However, financial pitfalls and misfortunes can claim anyone’s wealth, whether they own a beat-up van or multiple yachts. For UHNWIs, losing money is a proposition that often figures into the millions.
This fact highlights the significance of preserving, protecting and perpetuating one’s legacy. Ultra-high-net-worth individuals have unique circumstances to account for regarding their estate plans, trusts and more. Here’s how an estate plan can secure an enduring financial heritage. You may also want to talk to a financial advisor if your estate is sizable.
Who Is Considered an Ultra-High Net Worth Individual (UHNWI)?
An ultra-high net worth individual (UHNWI) is a person with a net worth of at least $30 million. The wealth isn't necessarily in cash; UHNWIs often have various assets, including stocks, bonds, businesses and real estate. In addition, the $30 million mark counts debt, meaning UHNWIs have at least $30 million of net worth on top of whatever they may owe. As a result, UHNWIs usually have exceptionally high levels of liquidity and investable assets, granting enormous financial freedom and capability.
Why Is Proper Estate Planning Essential for Ultra-High-Net Worth Individuals?
UHNWIs often have different financial priorities than the average investor or business person. Instead of making money, the focus shifts to preserving and passing it on to loved ones. As a result, estate planning is indispensable for UHNWIs because legal and financial expertise is necessary to conserve wealth and reduce taxes. In the final analysis, estate planning helps beneficiaries inherit more wealth.
In addition, wealth grants numerous advantages, but it doesn’t prevent a UHNWI from lawsuits, tax errors, investment failures or incapacitation. Any of these misfortunes can cause massive losses. Estate planning mitigates the impact of these circumstances and helps families keep as much wealth as possible.
Benefits of a Well-Crafted Estate Plan
Thorough estate planning confers UHNWIs the following benefits:
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Minimizing Tax Liabilities: Estate taxes, also known as inheritance taxes or death taxes, can take a substantial portion of an individual’s estate if not planned for properly. In addition, because taxes affect asset classes (such as real estate versus a stock portfolio) differently, a complex estate plan is essential to navigate the quagmire of tax laws. Strategic estate planning can minimize these tax liabilities through various legal mechanisms and structures.
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Avoiding Family Disputes and Conflicts: Without clear directives, family members may disagree over the distribution of assets, leading to emotionally draining, expensive legal battles. A well-structured estate plan providing clear instructions reduces the likelihood of conflicts.
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Preserving Wealth for Future Generations: With proper estate planning, a significant portion of your wealth is protected from taxes, legal fees and mismanagement. Effective planning helps ensure the efficient transfer of assets to heirs or beneficiaries.
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Charitable Giving and Philanthropy: For those interested in philanthropy, estate planning can establish a legacy of charitable giving. Through vehicles like charitable trusts or foundations, UHNWIs can support causes they care about even after their passing.
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Adapting to Changing Circumstances: An effective estate plan is dynamic and adaptable. As a result, UHNWIs can review and update it regularly to account for changing laws, family dynamics and financial circumstances.
Risks of Inadequate Estate Planning
The risks of inadequate estate planning can be expensive, chipping away at hard-earned money designated for specific purposes. Here's what a detailed estate plan helps you avoid:
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Probate: Probate proceedings can expose an individual’s financial affairs to the public eye. Through careful estate planning, it’s possible to maintain a higher level of privacy for both the individual and their heirs.
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Halting Business Operations: UHNWIs often have significant business interests. A proper estate plan can ensure a smooth transition of ownership or control, safeguarding the business’s continuity and value.
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Asset Vulnerability: Estate planning can include measures to protect assets from potential creditors or lawsuits, ensuring that the wealth accumulated over a lifetime is not easily lost due to unforeseen circumstances.
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Inadequate Dependent Care: It’s crucial to ensure that dependents, such as minor children or elderly relatives, are provided for in the event of an individual’s passing. An estate plan can name guardians, establish trusts and set up financial provisions.
Estate Planning Steps for Ultra-High-Net-Worth Individuals (UHNWI)
Here are the steps to estate planning for UHNWIs:
1. Choose a Dependable Trustee
Selecting a trustee is a crucial decision in estate planning. The trustee is responsible for managing and distributing assets according to the terms of the trust. Therefore, the key characteristics of a trustee are integrity, organization and financial skills.
With these traits in mind, you can consider who to pick as your trustee, given your circumstances. For example, a family member, a trusted friend, a financial institution or a professional trustee are possibilities. Remember, it’s vital to evaluate their ability to manage assets impartially and in the best interests of beneficiaries. In some cases, a professional trustee, such as a bank or trust company, is the best option due to their expertise and neutrality.
Lastly, it’s critical to discuss your intentions and expectations with the chosen trustee. This way, he or she will understand your wishes and take on the responsibility after knowing what the job entails.
2. Minimize Estate Taxes
Estate taxes can significantly impact the value of assets passed down to heirs. So, work with a qualified estate planning attorney or financial advisor to employ strategies such as gifting, establishing trusts and utilizing tax exemptions to minimize estate tax liabilities.
For example, the current federal wealth transfer law allows you to give away $12.92 million during your lifetime before incurring a 40% estate tax on further amounts. It's best to avoid this steep rate by tracking your giving and shifting wealth into a trust if necessary.
You can also add charitable giving to your estate plan. Charitable contributions and bequests can reduce the taxable value of your estate.
Lastly, it’s essential to keep abreast of changes in tax laws. Incorporating these changes will ensure your estate plan remains optimized for current regulations. Working with an estate planning attorney can help you maintain a legally sound plan.
3. Set up an Incapacitation Plan
Planning for possible incapacitation is an essential part of estate planning to ensure your trustee manages your affairs according to your wishes if you become unable to do so. You can designate a durable power of attorney to make legal and financial decisions on your behalf. This person should be capable of handling your finances responsibly. Likewise, a healthcare power of attorney can give consent on your behalf for specific medical treatments when you’re incapacitated.
In addition, it’s advisable to create a living will, also known as an advanced directive. This document specifies your preferences regarding medical treatment in case of severe illness or injury. For example, your living will can declare the type and duration of life support you want to receive if incapacitated.
4. Create a Living Trust
A living trust allows you to transfer ownership of your assets upon your death while retaining control over them during your life. The trust is a document specifying how the assets will be managed and distributed. This document can include detailed instructions on when and how beneficiaries receive their inheritances.
The primary purpose of a living trust is to avoid probate, which is the legal process of validating a will and distributing assets after a person’s death. Probate can be time-consuming, expensive and public. Instead, you’ll appoint yourself as the trustee and select a successor trustee to distribute assets to beneficiaries after you pass away.
The other advantage of a living trust is the flexibility and control it grants, unlike an irrevocable trust. You can modify or revoke the trust during your lifetime as long as you’re mentally competent. This flexibility allows you to adapt the trust to changing circumstances.
Bottom Line
Comprehensive estate planning is not just advisable but imperative for UHNWIs. A well-crafted estate plan offers a multitude of benefits, including minimizing tax liabilities, averting family disputes and preserving wealth for future generations. It also provides avenues for charitable giving and adapts to changing circumstances. Conversely, neglecting estate planning can lead to costly risks, such as probate, business disruptions, asset vulnerability and inadequate provision for dependents.
Estate Planning Tips for UHNWIs
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Selecting your assets is a crucial step to successful investing. Whether you're a seasoned investor or leave the details to an advisor, building familiarity with investment types can help you succeed. For more, you can learn about ultra high net worth asset allocation.
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If you don't have an estate plan, it's best to start creating one now with professional help. A financial advisor can help you select investments, understand tax ramifications and provide references to legal professionals if necessary. Finding a financial advisor doesn't have to be hard. SmartAsset's free tool matches you with up to three vetted financial advisors who serve your area, and you can have a free introductory call with your advisor matches to decide which one you feel is right for you. If you're ready to find an advisor who can help you achieve your financial goals, get started now.
By Ashley Kilroy
