The Herald (South Africa)

How financial freedom ties into estate planning

- WILLIE FOURIE ● Willie Fourie, head of trusts and estates at PSG Wealth

There seems to be a relationsh­ip between the generation which people belong to and their tendencies to create structures as part of their estate planning to serve and benefit the next generation.

These tendencies seem to be based on people’s personal experience­s, as opposed to an obsession to withhold full ownership from anyone.

Many people enjoying financial freedom in a well-deserved retirement remember the times when basic food items were difficult to come by, work was a scarce commodity, and the future was, at best, uncertain.

In the majority of cases, their protection­ism is a genuine attempt to ensure that the hard times they endured do not befall their loved ones.

Be practical in planning for future generation­s

It is natural to be concerned and want to protect assets for the next generation or individual­s who may not be able to do so themselves.

There is, however, a correct as well as an incorrect way to approach this.

Be practical and ask your children what they want.

Do not create a burden for your executor or trustees and, ultimately, your family, who have to implement and administer this structure when it is not justified.

It is often better to do estate planning with the needs of the bigger family in mind.

Take cognisance of existing trusts and other estate planning vehicles that your children may already have set up for their own needs before finalising your own estate plan.

A properly drafted estate plan will take the needs of family members into considerat­ion to ensure it is aligned with your intention to transfer your own financial freedom to the next generation.

This is the end result of a structured process where a proper analysis of the goals of the estate planning exercise is the focus.

Estate planning is more than just avoiding tax – many a well-structured estate plan has failed because, though very tax-efficient, it neglected the needs of family members.

Structures to consider

The world has become a small place and the generation­s to come will live in a world without boundaries.

Do not restrict the movement of assets or the transfer of wealth that could otherwise have benefited your children and grandchild­ren just because your estate plan is too rigid to adapt to the realities of an ever-changing society.

Consider the use of trusts, the benefits of retirement annuities and tax-free investment­s, and how best to incorporat­e these into existing estate plans.

Be cautious of estate planning myths

Please do not fall for the view that estate planning structures must be complicate­d to be effective.

Quite the contrary, complicate­d structures may often lead to costly mistakes in their practical execution and management.

Communicat­ion is key and it is vital to convey your desires to a knowledgea­ble estate practition­er who will provide guidance on the various solutions on offer to ensure the continuati­on of your legacy of financial freedom.

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