Why UHNW Families Are Forming Private Trust Companies

Commentary January 31, 2023 at 01:20 PM
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Wealthy families have been turning to family offices in droves as the greatest generational transfer of wealth in human history is well underway, with more than 18,000 ultra-high-net-worth (UHNW) families passing on assets to Gen X and millennial inheritors.

Today's UHNW families and their family offices are employing more sophisticated, institutional-like governance and investment strategies to manage and safeguard their exponentially growing wealth for future generations and sensibly pass it to their heirs.

However, in a high-stakes process fraught with emotional complexity, fiduciary obligations, globalization and regulatory compliance, nuanced variations such as family partnerships and third-party trusts have emerged for managing a smooth succession.

Some UHNWs are gravitating to a hybrid option to steward their wealth, i.e. private trust companies, or PTCs. PTCs integrate family offices into the trust structure, enabling family members to be directly involved in decision-making processes while also limiting the family's liability and offering more control over their fiduciary structures.

Preparing Millennials, Gen X

In 2018, one-third of family offices were structured as LLCs. However, direct ownership does not provide the benefits of trust ownership as granted by PTCs for asset protection and estate planning because LP and LLC interests remain on their members' personal balance sheets.

Twenty-nine percent of family offices globally reported a shift toward more professional, non-family member staffing in 2022. The traditional outsourced trustee structure remains popular because of the independent, objective governance and expertise of a professional team, as well as the fiduciary and compliance peace-of-mind that comes with it.

However, this next generation brings shifting priorities, including family unity and continuity — which were ranked the second highest family office focus — trailing only behind investment management. Further, the second, third, and fourth most pressing family and family office concerns were, respectively: preparing the next generation to be responsible wealth owners; managing transitions; and developing a shared family vision.

UHNW families clearly seek a legal structure that enables them to not only preserve their wealth but also to pass on their wealth in a sensible, thoughtful manner. And the younger generations want to be more involved.

PTC & Customized Trustee Service

Millennials are famously more socially conscious than their parents and grandparents, with keen interests in ESG, socially responsible investing and transparency. The private trust company's hybrid structure satisfies the desire for more involvement and control by the family.

With a PTC, the family effectively creates a separate trust company (administered by a professional trust company that does not provide trustee services to the public) that acts as trustee solely for trusts benefiting that particular family. Family members can retain a measure of control while still outsourcing most of the responsibility by serving on advisory committees or as board members alongside trusted advisers and a professional fiduciary.

Families can position themselves for additional benefits with the careful selection of state tax jurisdiction, based on criteria such as the jurisdiction's reputation, regulatory oversight, legislation and tax neutrality, and the residency of any family board members. For example, New Hampshire is a particularly preferred jurisdiction because it allows for both regulated and unregulated PTCs and is close to major financial centers.

Easing the Next Generation Into the Fold

The PTC is by no means the right legal structure for all family offices' needs. Around 10% of family offices are structured as private trust companiesPTCs offer UHNW families the asset protection and intergenerational wealth transfer benefits that trusts provide, but also more control over investment and distribution decisions and more flexibility over asset and governance structures.

Families are attracted to the limited liability for family members while still allowing families to hold concentrated positions or non-traditional assets. Families striving to preserve family unity, mission, and vision can give their heirs a head start in transitioning. They can bring their children, at an appropriate age, onto boards and permit some level of input and education before the time comes for the next generation to fully take the helm.

At the same time, families still enjoy the benefits of a trust's access to the most appropriate jurisdictional trust law and courts and the asset protection and estate tax planning benefits that its expertise and experience affords. In essence, the PTC becomes a customized trustee service, with the added benefit of serving as a family governance tool and legal structure.

Minimizing the Risk of Conflicts

A happy marriage between family office and trust helps minimize misunderstandings by facilitating communications between trustees and beneficiaries, thus aiding in the avoidance of strained relationships between family members and advisers.

The trusts administered within the PTC are the owners of the assets transferred to them. Neither those who fund the trusts nor the beneficiaries are the asset owners. Instead, the trusts are administered for the benefit of beneficiaries. This separation of ownership allows PTCs to provide asset protection and estate tax planning benefits. 

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Chip Martin is president of Private Wealth for IQ-EQ, an investor services group that provides compliance, administration, asset and advisory services to investment funds, global companies, family offices and private clients operating worldwide. 

(Image: Adobe Stock)

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