Succession Planning: Why Wealth Rarely Survives Three Generations? How to Defy the Odds?

A 20-year study conducted by, The Williams Group, involved over 3,200 families and found that 7 in 10 families tend to lose their fortune by the second generation, while 9 in 10 lose it by the third generation.

The global economy is on the brink of one of the most significant wealth transfers in history. According to recent studies, an estimated $84 trillion is expected to pass from one generation to the next by 2045. This phenomenon, often referred to as the “Great Wealth Transfer,” presents both opportunities and challenges for individuals, families, and businesses. For high-net-worth individuals (HNWIs) and business owners, succession planning is no longer a luxury—it is a necessity.

At JurisTax, we understand the complexities of cross-border wealth management and the importance of structuring assets to ensure a seamless transition. This article explores the critical elements of succession planning and highlights some of the most effective structures available, such as trusts, foundations, family offices and DIFC wills.

The Importance of Succession Planning

Succession planning is not just about distributing wealth—it is about preserving legacy, ensuring financial stability, and minimizing disputes among beneficiaries.
Without a well-thought-out plan, families risk facing prolonged legal battles, hefty tax liabilities, and the erosion of hard-earned wealth.
Key considerations for effective succession planning include:
       1. Identifying Objectives: What are your goals? Is it wealth preservation, tax efficiency, or ensuring continuity of a family business?
       2. Understanding Jurisdictional Nuances: Laws governing inheritance and taxation vary significantly across jurisdictions.
       3. Engaging Stakeholders: Open communication with family members and beneficiaries is crucial to avoid misunderstandings and conflicts.

Structures for Effective Succession Planning

When it comes to structuring your wealth, there is no one-size-fits-all solution. The choice of structure depends on your objectives, the nature of your assets, and the jurisdictions involved.

Below are some proven and tested options:

1. Trusts

Trusts are one of the most versatile tools for succession planning.

By transferring assets to a trust, you can ensure that they are managed according to your wishes, even after your lifetime. Trusts offer several benefits, including:

  • Asset Protection: Safeguarding wealth from creditors or legal disputes.
  • Tax Efficiency: Reducing estate and inheritance taxes.
  • Privacy: Keeping the details of your wealth and beneficiaries confidential.

In Mauritius, for instance, the Trusts Act 2001 provides a robust legal framework for both domestic and international trusts, making it an attractive jurisdiction for an increasing number of HNWIs.

2. Foundations

Foundations are increasingly popular among families seeking a hybrid structure that combines the benefits of a trust and a company.

A foundation is a separate legal entity that can hold assets, manage wealth, and distribute income according to predefined rules. Key advantages include:

  • Perpetuity: Foundations can exist indefinitely, ensuring long-term wealth preservation.
  • Control: Founders can retain a degree of control over the foundation’s operations.
  • Philanthropy: Foundations are ideal for families looking to incorporate charitable giving into their succession plans.

Dubai’s foundation laws, particularly within the DIFC, offer a modern and flexible framework for establishing private foundations.

3. DIFC Wills

For expatriates in the UAE, a DIFC will is a powerful tool to ensure that your assets are distributed according to your wishes. The DIFC Wills and Probate Registry provides a common-law framework that is particularly beneficial for non-Muslims. Key features include:

  • Clarity: A DIFC will clearly outlines how your assets should be distributed, reducing the risk of disputes.
  • Efficiency: The probate process in the DIFC is streamlined, ensuring a faster distribution of assets.
  • Flexibility: You can specify guardianship for minor children and include assets located outside the UAE.

4. Family Offices

For ultra-high-net-worth families, a family office can be an invaluable tool for managing wealth and ensuring a smooth transition across generations. A family office is a private organization that handles the financial and administrative affairs of a wealthy family. Benefits include:

  • Comprehensive Wealth Management: From investment management to tax planning, a family office provides end-to-end solutions tailored to the family’s needs.
  • Succession Planning: Family offices can help design and implement strategies to transfer wealth and leadership roles to the next generation.
  • Family Governance: They facilitate the creation of family constitutions and governance frameworks to promote harmony and shared values among family members.

Family offices can be structured as single-family offices (SFOs) or multi-family offices (MFOs), depending on the family’s size and requirements. Jurisdictions like Dubai and Mauritius offer favorable environments for establishing family offices, thanks to their robust regulatory frameworks and tax-efficient regimes.

The Role of JurisTax in Your Succession Planning Journey

At JurisTax, we specialize in providing tailored solutions for HNWIs and business owners across continents. Our expertise spans across jurisdictions, including Mauritius, the United Arab Emirates (Dubai and Ras-Al-Khaimah), Singapore and Delaware enabling us to offer comprehensive advice on trusts, foundations, wills, and other wealth management tools.

Our approach is rooted in understanding your unique needs and crafting a succession plan that aligns with your goals.

Whether you are looking to establish a trust in Mauritius, set up a foundation in Dubai, set up a family office or draft a DIFC will, our team is here to guide you every step of the way.

Conclusion

The Great Wealth Transfer is not just a financial event—it is a pivotal moment that will shape the future of families and businesses for generations to come. By taking proactive steps today, you can ensure that your legacy is preserved, your wealth is protected, and your loved ones are provided for. 

At JurisTax, we are committed to helping you navigate the complexities of succession planning. Contact us today to learn more about how we can assist you in structuring your wealth for the future.

Galvin Ramsamy
Commercial Director, JurisTax
gramsamy@juristax.com

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