` Do I need a Family Office? Michael J Perkins TEP Special Counsel, Diamond Conway.

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Presentation transcript:

` Do I need a Family Office? Michael J Perkins TEP Special Counsel, Diamond Conway

Structure, strategy or both? Is there a collective vision for family wealth including: o Knowing your Goals o Understanding your current Reality o Evaluating Options o Establishing a plan and the Will to act Is there a collective wallet to manage?

1. Personal and Family Representation and Succession Are these risks relevant? 2. Family Continuity, Governance and Legacy 3. Wealth Preservation, Enhancement and Transfer 4. Business Ownership and Control 5. Financial Security and Compliance

Family Accountability and member vulnerability Key Problems for Trust Governance and Accountability Property – equity within and across generations. Offshore or Interstate Connections? Wealth retention – ownership v. control – the great divide.

Capital demands increase as health declines Longevity Management succession of wealth holding structures needs to reflect the needs of all generations served. Be aware of the impact of longevity on capital endurance and superannuation strategies.

How does your family work with its: values, relationships, culture and social networks o Your relationship capital property (in a legal sense) o Your financial capital family, social and personal accountabilities o The primary source of attack on your estate o The needs you need to satisfy after your immediate support

Affairs management Family Administration Objectives Wealth preservation Wealth transfer Family continuity Legacy Financial security Business ownership, control and transfer

Ancestors Creditors and Predators… Siblings Children Grandchildren Remoter issue Bloodline Spouse Domestic or civil partner Creditors Contractual claimants Other Claimants Promisees Property co-owners

Founder is sole owner What is family property ? Person is legal owner only o E.g. as trustee As joint owner o Joint tenant o Tenant in common As co-owner o E.g. partner or venture Legally owned Family or members Family as equitable owner o Owner of rights Beneficially owned

Debts Identifying Liabilities and Risks Guarantees & Sureties Contingencies Financial Legal Economic Social incl. reputation Risks Key man dependencies Market

Do family offices give solutions for: Affairs management - yes o By client o For client Representation - limited Wealth transfer – yes o Management Succession o Ownership Succession Wealth Preservation – sometimes Social and Community Contribution - limited

Existing structures may do the job!