Trust Estate
As World Evolves, So Must Your Family Legacy Plan

The author argues that business succession planning is not just about building and transitioning the business and wealth, but also about transitioning a role and an identity - and helping others to be ready to do the same.
There is a great deal of commentary about inheritance and estate planning at the moment, especially with the new proposals by the Biden administration still hot from the presses. (See here.) However, there are more general issues at stake that don’t just track with the political world. To discuss these is Marguerite C Weese, national director, family legacy planning at Wilmington Trust.
The editors are pleased to share these insights and invite responses. The usual editorial disclaimers apply. We would be delighted for readers to jump into the conversation. Email tom.burroughes@wealthbriefing.com and jackie.bennion@clearviewpublishing.com
One major lesson learned over the past year is that you can never be too prepared for the unexpected. With all the uncertainty that has been looming, one thing is clear: there may be no better time than now to seize the moment and begin to have or revisit conversations with your family about your intentions and plans. This article will address why it’s important to start having these conversations now, and what you should be talking about in order to set your vision in motion and your family up for success.
Building financial literacy over time
One important reason to start these conversations now is to
ensure that you are not the only person who understands the
family’s finances and estate plans in the event of your
unexpected incapacity or death. If you want your family to be
better prepared to be good stewards of your hard-earned wealth,
you should begin to take the appropriate measures now, and this
can take time. Studies have shown that financial literacy is a
key driver to personal financial success. However, since this
topic is often not taught in schools, families need to take
proactive steps to build their family members’ knowledge and
confidence.
We worked with a family that had just begun to invite their children to our periodic economic updates. While this was a great step, they discovered that it wasn’t achieving what they had hoped. The children didn’t really understand the jargon or general concepts and they weren’t using the knowledge frequently enough to retain it. A key factor in building financial literacy is appreciating how learned information is lost over time when there is no attempt to retain it. We helped the children build their foundational knowledge through small group, short workshops that incrementally grew their knowledge over time.
Discussing your estate plan together
In addition to creating financial literacy, you can make sure
that your family understands your complete estate plan, including
wills, trusts, business entities, etc. You should also provide
information about the key advisors you work with and perhaps
begin making introductions. Rather than having “one-off”
conversations with your family members separately about these
topics, many families can benefit from having organized,
consistent, repeatable group discussions. Gathering everyone in
the same room will not only streamline communication, but it can
help align your family and strengthen the familial bonds. We
worked with a family in which the parents were trying to be
transparent, but they were doing it by having unstructured,
disjointed conversations with their children believing that a
family meeting was unnecessary. But we discovered that the
children were craving that formality so they could work through
and understand the plan as a group.
Putting structure around how you deal with
conflicts
Some families may be concerned that meeting together will cause
conflict. However, conflict within a family is inevitable, but
it’s how you deal with the conflict that makes all the
difference. One family that we worked with had put a lot of
effort into creating family harmony. They had been conducting
family meetings for a while and talked through their estate plan,
discussed their family’s philanthropic mission, but were getting
frustrated by their family vacation home. Everyone loved to use
the home and they even enjoyed being there together, but there
was real tension about how they selected weekends to use the
house, who got what room when they stayed there together, who was
responsible for cleaning, etc. We helped them develop a family
shared property policy, by objectively walking through each of
these pain points and mutually deciding on rules they could all
live by. This exercise not only helped with the problem at hand,
but also created a best practice on how to solve their conflicts
in the future.
Planning for business succession early
Some families not only need to think about the business of the
family, but they also need to focus on the family business.
Whether you’re a first-generation entrepreneur or a part of
a multigenerational family business, taking the time to think
through your business succession and prepare your family is
critically important. One of the most valuable assets of your
family business is the trusted relationships that are built over
time with your family. Solid, consistent communication plans can
continue to strengthen these relationships, while poor
communication may erode them.
We worked with a family where the father ran the business, one child worked in the business, and two children outside the business. The patriarch wanted us to facilitate a conversation with his children to make sure they understood what happened when he passed away. When talking with the children, we discovered what they really wanted to know was the current ownership of the business. By not talking about the current state, a lot of doubt and skepticism had crept in. The children thought the father was purposefully hiding something from them and it caused real tension among them, when in fact the father had simply been focused on building his business, not appreciating the ripple effect he had created.
Business succession planning is not just about building and
transitioning the business and wealth, but also about
transitioning a role and an identity - and helping others to be
ready to do the same. It can be useful to employ formal training
and mentorship programs to engage younger generations and help
combat the challenges that are associated with intergenerational
succession. When building a training program, don’t limit it to
the day-to-day operations, consider adding a leadership
development component. Make sure you talk about about the times
when things didn’t work out. Most often we only want to share our
successes, but we can also learn a lot from the
failures.
Establishing trust is key
Having these important conversations with your children will go a
long way in creating a family dynamic that is built on trust,
respect, and transparency. The more involved your children feel
in the family’s decision-making process, the more motivated they
will be to become stewards of your hard-earned wealth for
generations to come.
About the author
As part of the Wilmington Trust and M&T Emerald Advisory
Services® team, National Director of Family Legacy Planning
Marguerite Weese is responsible for the development and delivery
of strategic advice offerings. She provides personal wealth
planning to high net worth individuals and their families through
the design and implementation of their estate, business
succession, and family legacy plans.
Disclaimer
Wilmington Trust is a registered service mark used in connection with various fiduciary and non-fiduciary services offered by certain subsidiaries of M&T Bank Corporation. M&T Emerald Advisory Services and Wilmington Trust Emerald Advisory Services are registered trademarks and refer to this service provided by Wilmington Trust, N.A., a member of the M&T family. This article is for informational purposes only and is not intended as an offer or solicitation for the sale of any financial product or service. It is not designed or intended to provide financial, tax, legal, investment, accounting, or other professional advice since such advice always requires consideration of individual circumstances. Note that tax, estate planning, investing, and financial strategies require consideration for suitability of the individual, business, or investor, and there is no assurance that any strategy will be successful.