A High Net Worth Estate Planning Guide

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October 29, 2024

A High Net Worth Estate Planning Guide

TABLE OF CONTENTS

High net-worth estates require planning to last for generations. This includes minimizing taxes, passing along assets to future generations, being charitable, and continuing business interests. Most individuals with high net worth use financial tools like trusts to make estate planning easy. 

Do you need to have an estate plan if you have a high net worth? Yes, you should have an estate plan that preserves and transfers your wealth exactly as you would want it. 

An estate plan that is done without the proper guidance will only make problems harder, taxes higher and family issues arise. We’re going to discuss some of the common strategies used for high net worth estate planning. This should give you a brief overview of how to manage and protect your wealth in a way that can benefit future generations.

Why Do You Need a High Net Worth Estate Plan? 

High net worth estate planning is the management of a person's financial affairs to ensure a timely transfer to beneficiaries with reduced taxes and increased wealth maintenance. Estate planning is especially important for those with high net worth because of the complexity of their estates and assets. 

Estate planning is not just about transferring assets. It helps in aligning your financial decisions with your personal values. You want to know that your legacy is established now so it can last for generations.  

To do this, consider your philanthropic interests, family dynamics, and tax implications. For example, many wealthy people want to remain charitable, even after they’ve passed away. Estate planning helps them achieve their giving goals. 

It is common for high net worth estate planning to include trusts. A trust creates layers of protection and control for how assets are disbursed. 

Trusts can be customized to serve specific purposes, such as caring for minor children or ensuring that beneficiaries do not receive large sums of money until they reach a more responsible age. 

This level of personalization also ensures that there is a legacy switch allowing individuals to maintain control over their wealth even after they are gone, having their intentions honored and loved ones protected.

Common Myths About High Net Worth Estate Planning

Unfortunately, many myths surround high net worth estate planning even though it is so important.

This is only for the mega-rich!
Wrong! Estate planning is not just for billionaires. This is for anyone with assets, no matter how small. Anybody can use an estate plan to distribute their assets properly.

I already did it once so I don’t need to do it again
Nope! Since laws, family dynamics, and our personal lives are constantly changing, estate planning is an ongoing process that should be reviewed periodically so it can continue to work for you.

You only do this for tax benefits
Untrue! While tax efficiency is achieved through estate planning, it’s more than that. Estate planning for high net worth individuals means creating family values and building a legacy while protecting your assets. 

My financial advisor/lawyer handles that for me
Not so! These professionals perform a critical role, but building an estate plan is your responsibility. And make sure you include your family members in the planning process as well. Let your loved ones know exactly what your plans and goals are so that everyone is on the same page.  

I don’t need to worry until I’m retired
No way! The sooner you start the planning process, the more opportunities you have to properly structure your estate. If you’re just starting to accumulate assets and responsibilities, now is a great time to start planning. 

Reasons for Estate Planning for High Net-Worth Individuals

There are essentially three main reasons why you would plan your estate – asset management, tax planning, and legacy building. Let’s quickly cover what each category includes. 

Asset protection and management

One of the key goals for every estate planning is the protection of your assets. High net worth individuals often have many assets like real estate, investments, and business interests that are part of their portfolio. This requires a more strategic approach to protect your assets.

Common ways to do this are creating trusts, LLCs, or family-limited partnerships. These structures can protect your personal assets while still seeing investment growth over time. You want a structure that protects you from creditors, lawsuits, and financial ruin. 

Tax Minimization Strategies

Tax bills can take a huge bite out of an estate, thus the importance of prudent tax planning. Charitable giving, creative distributions, and tax-advantaged accounts can reduce the taxable estate.

Again, this is where a trust can really help you. For example, you could create an irrevocable trust which removes the assets from your personal estate, meaning that you don’t have as high a taxable income. If set up well, trusts can be taxed as a separate entity, removing a large portion of your estate from your taxable estate.

Estate Planning And Succession Planning

Lastly, you want to know how your estate will be managed after you’re gone. Do you have a business to pass along? Property you’d like to remain in the family? Goals for the beneficiaries in your trust? This is called succession planning, and it’s a big part of building a financial legacy.  

This is where you decide who gets what after you’re gone.  You also decide who will be administering the estate and how the assets will be passed down to your beneficiaries. A clear succession plan helps in resolving conflicts and also clears up the expectations of everyone involved.

Putting Together an Estate Plan

So, how do you get started with your high net worth estate plan? Let’s look at the process here so you’ll know what to expect.  

Identify Estate Planning Goals

The most important part of any estate plan is to know what you want to achieve. These goals are all about your desires for asset distribution, philanthropic interests, and family legacy considerations. By establishing such specific, measurable goals, you can create a much more personalized estate plan.

Think about some of these questions to help identify your plan:

What is the legacy I want to create?
How do I want my assets to take care of my family?
Which charities do I support?
What does our family stand for?
Can my loved ones handle the financial responsibility?

Choose Your Estate Planning Tool

High net worth individuals have a variety of estate planning tools available to them. These things may include wills, revocable and irrevocable trusts, powers of attorney, and LLcs Your situation and your goals will determine which tool is best suited.

A will is of course important for dispersing assets upon death, but trusts can provide privacy, protection and the ability to make distributions. A revocable trust can allow someone to keep control of their assets during their lifetime and make for a fairly seamless transition upon death. 

In contrast, most high net worth individuals (over $10 million in assets) use an irrevocable trust to get major tax savings as well as creditor protection. 

Partner With The Pros

Estate planning professionals like attorneys, financial advisors, and tax experts are so important when putting together your estate plan. In the process of sorting through the complexities of estate laws, tax considerations and asset management, these experts provide a level of specialized knowledge and experience that will help you achieve the goals you’ve set out.

Make sure you use the experts not just to set up your estate plan, but also to maintain it over time. Your life will change. Your family dynamic will change. And your assets will change too. Professionals can help guide you to make the right decisions as you go, tailoring the best solution that meets your needs. 

Regular Reviews of Your Estate Plan

Estate planning is not something that you can set and forget. Marriage, divorce, births, deaths or any changes in financial situations can affect how well an estate plan is going to work. 

Begin by scheduling regular estate plan reviews, maybe every three to five years, to keep your plan up-to-date with your wishes and changing laws. This is a proactive approach that reduces the chances of complications later on.  

When You Need An Estate Plan Update

Several circumstances under which you may need to update an estate plan are:

  • Changes in your net worth or the value of assets
  • Life events: marriage, divorce, births and deaths
  • Revisions to state or federal laws related to estate taxes and the distribution of assets.
  • Change of your estate planning jurisdiction

If any of these life situations arise, make sure you’re quick to update your estate plan. This is especially true for high net estate plans, where complexity is common and assets can make a tremendous difference. 

For example, look at your personal relationships. If you should marry, get a divorce, or remarry, your estate plan will need to be updated. In these situations, it might be necessary to relook at the named beneficiaries and perhaps establish new trusts or provisions to protect surviving family members. 

Being flexible and adaptative to these changes helps ensure the estate you have in place accurately reflects what is most important to you today, this ensures there is a meaningful structure that your family can rely on in difficult times.

Common Estate Planning Challenges and Solutions

Creating a high net worth estate plan isn’t always easy. Consider some of these common obstacles so you can be prepared no matter what happens. 

Dealing with Family Dynamics

Even under the best circumstances, families can be complicated. But when you add in an estate plan, things can quickly get convoluted. You can avoid any conflict by having an open conversation about your estate planning decisions and intentions with family members. You can also hear their feelings and expectations as well.

In some cases, these conversations can be most effective with third-party intervention, such as a neutral mediator. They can structure the talk in a way that sees that everyone’s voice is heard.  

To navigate your family dynamics, communicate your goals and desires for how your estate plan builds a legacy. Talk about everyone’s role in the family unit, and how they will be considered in your estate plan. This is also a good way to talk about your expectations for how your assets will be used to continue a legacy for generations. 

Dealing with Legal and Financial Issues

Complex legal and financial situations are common among high net worth individuals. And as such, estate planning can be difficult for them. Specialized knowledge is required to understand local and federal laws, asset classifications, and tax implications. That is why it is best to work with a team of professionals to manage it all.

Using the services of legal and financial professionals, you can create an estate plan that accounts for local laws while achieving the goals you set out. It’s also worth noting that experts are a great resource to plan ahead, pointing out potential pitfalls before you stumble into them.  

International Estate Planning Concerns

Why create a trust here when you can use your high net worth estate plan offshore as well? International estate planning for high net worth individuals is common because you might have assets in several countries around the world. Or maybe you have beneficiaries around the world as well. 

But regardless of the reason, you need to consider the tax laws and trust laws of wherever you create your plan. These laws can vary dramatically from one place to another. And this could make estate planning all the more difficult for high net worth individuals.

In an increasingly globalized world where business isn't restricted by borders, it is important to know how the laws interact so your estate plan isn’t threatened. 

Building Your High Net Worth Estate Plan

You don’t need to be rich to have an estate plan. But if you’re a high net worth individual, estate planning should be at the top of your list. If you have assets and interests that you want to protect, an estate plan is your next move. 

But if you’re still confused, we can help. Let us design a trust that works to protect your assets, look after your family, and build a family legacy that will last for generations. 

Want to get started? Great. Fill in the form below and we’ll be in touch to design a trust that safeguards your assets and builds your legacy. 

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