Private Client Services by Mercer
What is ‘fair’? Amongst siblings, the answer to this question is highly subjective and almost universally fraught with historical angst. So how can you minimize conflict and be as even-handed as possible through the process of wealth transfer? Estate equalization can help; it’s an elegant and simple solution to a complex challenge.
We speak to Katie Graves, a partner in the private client and tax team of Withersworldwide in Hong Kong to navigate the delicate challenge of estate equalization and show you how two different families are finding their unique answer to ‘fair’.
The notion of ‘fairness’ begins developing in children as young as four. i Depending on the number of siblings and personalities involved, much time can be spent adjudicating by parents.
It’s one thing, however, to settle an argument about the size of cake slices and entirely another to resolve intense disputes over inheritance. If not effectively managed, the adjudication can end in the sphere of law courts.
While fairness might be almost entirely subjective, estate equalization can be an excellent strategy if you are aiming to divide your assets evenly amongst your beneficiaries. When done well, it promotes lasting family harmony and helps avoid court time. ii
To explore the subject of estate equalization in the context of wealth transfer, we speak to Katie Graves, a partner in the private client and tax team of Withersworldwide in Hong Kong. iii
The following are edited excerpts from our conversation.
Key considerations in wealth transfer strategies
Planning is crucial
Irrespective of the size of your wealth, if you die without a will, what happens to your estate will be determined by the relevant intestacy rules. Unfortunately, the intestacy rules are unlikely to completely align with your wishes; for example, your children will typically receive their share of your assets at age 18 – the time when the law recognizes them as adults.
Estate equalization is the strategic process of ensuring fair and commensurate passing of family wealth to the next generation.
It involves careful advance planning by the business owner / parent with the aim of equitably transferring assets amongst the beneficiaries. E.g., The family business is bequeathed to one child and ‘an asset of equivalent value’ is bequeathed to the other(s).
Life insurance is an elegant and practical solution to provide an ‘asset of equivalent value’. E.g., The business owner (parent) is insured to a value equivalent (or multiple equivalents) to that of their business.
Upon their demise, the insurance policy is realised and bequeathed to one child while the business is kept undivided and passed, in its entirety, to the other.
In Hong Kong, individuals have complete testamentary freedom – the right to leave property to whoever you choose – so a will is a powerful document in communicating your wishes.
Planning gives you control over the future of your assets
To ensure the right person, receives the right assets, at the right time, and in the right place, you need to plan. Planning and utilizing structures such as trusts will also enable you to ring-fence assets preserving them – intact – for future generations.
Planning takes time
The greater your wealth, the greater the complexity in your world, and that complexity takes time to navigate. You need time to reflect on and fully consider the extent of your assets, liabilities, the potential consequences of your actions, and most importantly, the needs of your beneficiaries. Time, to have the potentially difficult conversations you need to have, is also critical – the fewer surprises there are, the less likely there will be challenges in the future.
Disinheriting family and dependents
Whilst there is testamentary freedom in Hong Kong, the Hong Kong’s Inheritance Ordinance prevents you from disinheriting your family members and dependents in some circumstances. Therefore, if it is your intention, it is important to explain why you have not made provision for a particular individual under your will to discourage challenges to your will.
Your family members and dependents might be able to make a claim against your estate if they can show:
For example, in a recent case, a mistress was able to claim against the estate of the deceased where she was able to prove that the deceased had provided financial support to her for over 20 years, including providing her with an apartment to live in, a car, and a monthly allowance. On the other hand, adult children who can support themselves may find it more difficult to make a claim under the Hong Kong’s Inheritance Ordinance.
Tax efficiency
It’s crucial to fully understand your/ your beneficiaries’ tax exposure when planning wealth transfer, particularly if your assets are in multiple locations. Whilst there is no estate tax in Hong Kong, assets in other locations might be subject to tax following your death.* E.g., if you own a property in the UK, your estate will have exposure to UK inheritance tax even if you and all your beneficiaries are domiciled in Hong Kong.
Some popular structures used to facilitate wealth transfer
iii Katie Graves advises on a range of wealth planning matters affecting high net worth individuals and their families, including international succession planning, trust and tax matters, as well as on cross-border inheritance issues. She also assists individuals in relation to multi-jurisdictional estate planning with single or multiple wills, to make sure they reflect their particular needs and objectives.
We spoke to Katie on 12th May 2021. This edited excerpt reflects her views and available data on that date [from Hong Kong’s perspective. This article is general in nature and not intended as advice; it might not be appropriate to you.
i https://www.nature.com/articles/nature15703
ii To see how family constitutions can also help to create lasting family harmony, please see: https://www.mercer.com/pcs/insights/issue-3-pcs-vision.html
* Clients should consult their tax advisors. This article is not intended as advice.
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