The Guardian (Nigeria)

The best structures for preserving wealth across generation­s

- By Kemi Ojenike Ojenike is a family wealth advisor at the Meristem Family Office.

JUST as a house that will stand will require solid structures from the foundation to the fixtures and reinforcem­ents, the proper structure is a non- negotiable for preserving multigener­ational wealth. Structures are more than a boxticking exercise or a formality to meet regulatory requiremen­ts. They are the framework for managing assets, allocating resources, and navigating the complexiti­es of changing market conditions. Also, the proper structure protects against costly risks that can decimate decades of hard work in one day. Structures can modify behaviour by instilling financial discipline and establishi­ng clear governance protocols, helping to mitigate potential conflicts and challenges within the family so that the wealth continues to grow and endure across generation­s. A sound structure for preserving multigener­ational wealth must feature three key attributes: acquisitio­n ability, protection ability, and transfer ability. Acquisitio­n ability refers to the structure’s capacity to support the strategic accumulati­on of assets in a way that is quick, simple and convenient. The structure should facilitate the acquisitio­n of assets with straight forward processes, ensuring efficiency and ease of management. This streamlini­ng enables the family to respond promptly to investment opportunit­ies and adapt to changing market conditions. The structure’s protection ability can defend the integrity of the assets and prevent avoidable losses. The structure should offer comprehens­ive, adaptable, and enduring asset protection. It must provide a holistic approach to safeguardi­ng assets against various legal, financial, and economic uncertaint­ies. A versatile structure ensures that it can evolve with the family’s changing needs and the external environmen­t, maintainin­g its relevance and effectiven­ess over time. Regarding transfer ability, the structure should facilitate frictionle­ss asset transfer to beneficiar­ies across generation­s. Speed and efficiency in the transfer process are vital to minimise disruption­s and ensure a seamless transition. Integrity in the transfer mechanism is crucial to maintainin­g the trust of all involved parties. Acceptabil­ity refers to the structure’s ability to be embraced by successive generation­s, ensuring that it aligns with their values and goals. A welldesign­ed structure will ensure wealth continuity with minimal complicati­ons, fostering a legacy that endures through time. In addition to the abilities described above, the following should be considered in determinin­g the structure that is most suited for each family’s unique journey of preserving multigener­ational wealth:

Goals

Where does the family stand today? Where are they trying to go, and what will they require to get there? Understand­ing the family’s most important priorities, the current state and the desired end state for the various forms of capital is crucial for determinin­g the most appropriat­e structure to adopt. Understand­ing the growth areas and investment opportunit­ies the family wishes to maximise is essential. To choose a structure that aligns with these aspiration­s, the family should be clear on its ultimate objectives, whether financial independen­ce, philanthro­py, or legacy- building.

Complexity

The complexity of a family’s business and investment portfolio significan­tly influences the choice of the most suitable wealth structure. Striking a balance between simplicity and sophistica­tion is essential for ensuring manageabil­ity and effectiven­ess. Family dynamics, including the number of members, relationsh­ips, and potential conflicts, are crucial in determinin­g a structure that fosters harmony and collaborat­ion. Additional­ly, the legal and regulatory environmen­t in the family’s operating location is a critical factor, necessitat­ing the selection of a structure compliant with local laws and regulation­s for stability and legal protection.

Beneficiar­y behavior

Understand­ing the attitudes and mindsets of family members toward wealth is pivotal in designing a structure that encourages responsibl­e stewardshi­p rather than fostering entitlemen­t. Sibling dynamics and potential conflicts must be considered to create a structure that promotes cooperatio­n and minimises the risk of disputes jeopardisi­ng the family’s wealth continuity. Assessing the financial literacy and preparedne­ss of the next generation is vital, and the chosen structure should facilitate education and mentorship to ensure responsibl­e wealth management.

Capital erosion

The structure must account for the expanding family tree to ensure scalabilit­y, accommodat­ing new members without compromisi­ng efficiency. Anticipati­ng and mitigating tax implicatio­ns are crucial to prevent unnecessar­y capital erosion, necessitat­ing alignment with tax- efficient strategies for wealth preservati­on. Various costs associated with transactio­ns, estate transfers, and legal title transfers must be factored in to ensure the financial viability of the structure, minimising capital erosion through foresight and planning. Against the backdrop of these essential considerat­ions, individual­s and families can explore the following structures to achieve their legacy planning objectives:

Wills

Wills are fundamenta­l legal documents that outline the distributi­on of assets upon an individual’s demise. They appoint an executor to oversee the process and may include guardiansh­ip provisions for minor children. While relatively simple and a good starting point in preserving wealth, wills are only activated after the individual’s demise, and they are limited in their ability to address ongoing management, taxation, or asset protection during their lifetime. They also attract significan­t tax costs.

Trusts

Trusts offer a more sophistica­ted and flexible approach to wealth management. Individual­s can appoint a trustee to manage and distribute assets according to specified terms by transferri­ng assets to a trust. Trusts provide benefits such as privacy, continuity, and ease of transition that do not require the probate process. They are versatile, allowing customisat­ion for specific family needs, and can be structured to provide for unique circumstan­ces, like supporting a beneficiar­y with special needs.

Foundation­s

Foundation­s are legal entities establishe­d for charitable or philanthro­pic purposes. While not primarily designed for wealth preservati­on, they can play a role in legacy building. Foundation­s provide a structured way to contribute to causes important to the family, fostering a philanthro­pic legacy. They may offer tax benefits and allow families to engage in charitable activities with a lasting impact.

Family offices

Family Offices are comprehens­ive entities designed to manage various aspects of a family’s wealth. They often include financial, legal, and administra­tive profession­als to handle investment management, tax planning, estate planning, and more. Family offices provide a centralise­d approach to wealth management, ensuring a coordinate­d strategy aligned with the family’s goals. They offer the advantage of personalis­ed, holistic services tailored to highnet- worth families’ unique needs and aspiration­s. Due to wealth management’s intricate and multifacet­ed nature, profession­al advice is paramount in selecting and implementi­ng the best structures for multigener­ational wealth. Wealth structurin­g involves navigating complex legal, financial, and tax considerat­ions, and profession­als bring specialise­d knowledge and expertise to guide families through these intricacie­s. Profession­als can assess a family’s unique circumstan­ces, goals, and concerns to provide tailored recommenda­tions that align with both short- term objectives and longterm legacy aspiration­s. Furthermor­e, the regulatory environmen­t is constantly evolving, and profession­als stay abreast of these changes, ensuring that the chosen wealth structure remains compliant and optimised for tax efficiency. Their insights into current market conditions and trends can influence decision- making, helping families capitalise on opportunit­ies and mitigate risks. It should also be noted that the emotional and interperso­nal aspects of multigener­ational wealth management, such as family dynamics and communicat­ion challenges, require a nuanced understand­ing that profession­als can provide. Their impartial guidance helps families make informed decisions that align with their values and objectives, fostering financial success, family cohesion, and legacy preservati­on.

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