InvestmentsOct 13 2020

Trusts can protect family assets through the generations

  • Describe some of situations that can be prevented with assets being held in trust
  • Identify the reasons why trusts protect assets in the event of divorce or widowhood
  • Explain how assets in trusts can be used
  • Describe some of situations that can be prevented with assets being held in trust
  • Identify the reasons why trusts protect assets in the event of divorce or widowhood
  • Explain how assets in trusts can be used
pfs-logo
cisi-logo
CPD
Approx.30min
pfs-logo
cisi-logo
CPD
Approx.30min
twitter-iconfacebook-iconlinkedin-iconmail-iconprint-icon
Search supported by
pfs-logo
cisi-logo
CPD
Approx.30min
Trusts can protect family assets through the generations
Pexels/Andrea Piacquadio

On the other hand, inheriting too much too young can also be problematic. Fears of family wealth being squandered do sometimes come to pass. There is a balance to be struck in providing financial support without making life so comfortable that it reduces motivation elsewhere. 

How much should be gifted?

Inseparably linked to deciding ‘when’ is deciding ‘how much’. The traditional view of inheritance as a lump sum received on the passing of an older relative may need a rethink. The ideal time and amount to inherit needs careful thought and evaluation, but there is certainly no time like the present to start these conversations with clients.

Rather than seeing inheritance primarily as an aspect of tax planning, passing on wealth can be seen as one aspect of the overall process of wealth planning. Financial advisers can support clients as they go through the process of identifying their financial objectives. Gifting can form the means to the end, not the end goal itself.

Ultimately, the amounts involved will always be a decision that is personal and specific to every family and their circumstances, and families need to take the time needed to reach decisions that they are comfortable with.

How should money be gifted?

For clients keen to make direct gifts, especially those of higher value, advisers may wish to sound a note of caution. It is worth being aware of some of the risks:

  • Once given directly, there is no guarantee of future access to the assets for the donor. This can be problematic if the financial needs of the donor change in the future.
  • Once passed directly to the Beneficiary, assets become part of their estate and could potentially create or add to an unintended Inheritance Tax (IHT) liability.
  • The assets are unprotected from changes in the Beneficiary’s future circumstances such as divorce or bankruptcy.
  • If the Beneficiary remarries at some point in the future, the inheritance line can shift meaning that assets are diverted away from grandchildren through so-called ‘sideways inheritance’.

One option to counter these risks is using a Trust to provide loans to beneficiaries instead of gifting directly. The key benefit is that the loan remains an asset of the Trust, and therefore there is an additional layer of protection for the assets.

Protecting against divorce

PAGE 2 OF 4