Sara Hamilton is the founder and CEO of Family Office Exchange.
Hamilton and Family Office Exchange serve as advisors to investors with assets
lasting beyond one generation.
Risk management is hardly a new
concept in the corporate world, but even in sophisticated family enterprises, it
is far from an established practice. Family Office Exchange (FOX) recently
assembled the findings of a yearlong research study on how financial families
identify and assess risk. The results demonstrate that even those families that
list risk management as a key concern usually limit their definition of risk to
financial security or investment volatility. Adopting a comprehensive view of
risk requires looking beyond traditional investment diversification and
insurance coverage to examine a wider spectrum of risks, such as selection of
inappropriate trustees, a lack of clear decision-making processes within the
family and negative media exposure.
 FOX asked 40 ultrahigh-net-worth families to identify the areas
in which they have the most concern. Ten categories emerged as areas where
threats to stability could lead to the most damage in terms of long-term
generational wealth and family continuity. (Click image to enlarge) Five of the 10 categories fall under Family Continuity and
Governance. A closer look at each area reveals the range of risk issues covered
within each category, as well as the approaches used by families to solve or
lessen the impact of these threats. 1. Family Legacy When wealth inheritance comprises one of a family’s goals, a
strong family legacy can provide the emotional glue that keeps the generations
motivated to work together. Many families believe in instilling this legacy even
in young children, so that they grow up understanding their history and who they
are. A family in the Midwest developed a mentorship program to
ensure an appreciation for family history in younger generations. Children are
paired up with a relative who teaches them the family history on an ongoing
basis. Adults are assigned this responsibility when a new family member is born.
This is a commitment that everyone participates in. It also serves to tie the
family together across generations and family branches. 2. Family Governance and Decision-Making An effective governance system facilitates trust within the
family. Clear processes and guidelines exist to detail how decisions are made,
and those decisions are communicated in a timely fashion. Strong governance
becomes even more critical as the family grows and wealth is shared among both
siblings and cousins. A family that recently sold its privately held business decided
that they would need the same type of structure to manage their finances that
they had implemented in the past to manage their firm. The governance system had
to provide enough structure and discipline for managing substantial shared
family assets while not stifling the flexibility and freedom of individuals or
households. They developed a council made up of representatives from each branch
of the family. Other members were encouraged to participate on committees that
reported to the council. Educators were brought in to teach leadership,
mediation and basic legal and financial skills to give all members a baseline
education in wealth management. 3. Family Relationships Managing personal relationships is perhaps the most difficult
issue to address within a wealthy family. Building and maintaining good
relationships are learned skills. A family that encourages open communication
and demonstrates honesty and trust through its actions is likely to have fewer
problems than one that frowns on emotional discussions or has a history of
scorekeeping, power struggles or dishonesty. A second-generation family consisting of two brothers
acknowledged disagreements early on, as well as the history of family conflict.
To avoid carrying this conflict into the next generation, the brothers
determined that splitting assets and developing two separate financial
operations would help reduce tension and put past conflicts to rest. Their
decision did reduce the stress between them, and now their children are making
greater efforts to come together via group vacations and shared philanthropic
projects. 4. Investment Performance The risks involved with poor performance are well understood,
but those related to investment volatility are not as well known. Most families
have advisors in place to monitor performance and make comparisons against
determined benchmarks. However, they may not be adequately measuring the level
of risk in the portfolio in relation to the returns being generated. A
misunderstanding of the beta within a portfolio can result in misguided
decision-making and losses. One family office runs mock portfolio rebalancing exercises on
an annual basis to measure the levels of volatility across family investments
and build a greater awareness of where their risks might exist. These
simulations also allow office executives to measure the performance of the
current portfolio in order to determine where opportunities may have been
overlooked. They take other measures to ensure proper diversification, such as
applying equal-weighted investment strategies and moving away from utilizing
cap-weighted indices that typically do not show a volatility risk until it is
too late to fix a problem. 5. Family Business Leadership Passing on the family business and ensuring family leadership
presents a well-documented challenge to many American families. Entire
curriculums and countless consultants devote themselves to this issue. Families
that have a clear process for determining business succession plans and that
effectively communicate those plans will be better able to navigate the
financial and personal issues involved. A family in the Midwest is preparing to transition leadership
of a multibillion-dollar privately held business. With six members in the third
generation, all in their early to mid-30s, the family has to decide not only who
will move into positions of leadership, but if these members will be ready for
management responsibility by the time the second generation is ready to retire.
To avoid pushing the next generation too far too fast, the older generations
long ago decided to include nonfamily members on both the company board and
executive team. By doing so, they created a group of regents that will provide
transitional leadership, freeing the second generation to plan their retirement,
while allowing their children to grow into management positions at a reasonable
pace. 6. Fiduciary Exposure In a recent bulletin for clients, estate planner Roy Adams
quotes professor Jacob Todres of Queens, N.Y.–based St. John’s Law School:
"Trusts-and-estate litigation is number one on the hit list of litigation in
general." Several recent high-profile lawsuits demonstrate the tremendous
financial and emotional losses that can result from the mismanagement of trust
assets in a family. All family members should clearly understand the duties and
legalities of the trustee role before accepting this responsibility themselves
or appointing others. To avoid the risks that come with having a relative serve as an
individual trustee, many families appoint a corporate trustee. While risks still
exist with this option—sharing private family information, the potential for the
corporation to be sold—it can alleviate concerns of individual liability and
helps to separate business decisions from personal relationships. This decision
also greatly diminishes the risk of an inexperienced person managing family
trust assets and provides a permanent solution to the issue of trustee
succession. A trustee serves as a gatekeeper, and removing the emotional/personal aspect of that role can help diffuse potential conflicts or
lawsuits between relatives. 7. Family Dynamics in Business Business-owning families in particular have concerns about how
family dynamics affect the ability of members to work together. This can be an
especially sensitive topic when some branches control ownership decisions and
others do not. A prominent family business owner described the need for "glue
beyond the business," meaning that he found it necessary to have factors outside
of the business that encourage strong, long-term family ties. A Northeastern
family whose fourth generation now leads their private business has developed a
system that allows members to opt in or out of participating in the company. They created a career support structure that provides interested family members
with internships and appropriate job training within the company, while
respecting the choice of members who choose careers in other industries,
including funding for required graduate or professional education. 8. Family Reputation Wealthy families often live under a microscope. Members should
be trained in what information can be publicly shared and how to interact with
the media in a crisis to ensure privacy. This can be especially critical for
families with a well-known name; they may be particularly vulnerable to any
situation appearing in the media. A family in the Southeast that owns and operates a leading U.S.
corporation requires full media and public relations training for all its
members, regardless of their role in the business. Training includes
simulations of a media storm to demonstrate how the actions of one member may
not only jeopardize the family’s personal wealth and reputation, but also can
lead to negative repercussions for employees and stakeholders. The realization
of how one individual’s actions can affect the welfare of such a wide audience
heightens awareness of the awesome responsibility that comes with being born or
marrying into a high-profile family. 9. Personal Ownership Responsibilities The privileges associated with being a member of a wealthy
family come with personal responsibilities for ensuring the welfare and
well-being of future generations. Families that take the view that they are
stewards for future generations and nurture a culture that instills a sense of
ownership responsibility are far more likely to communicate and accomplish
long-term goals. A family in the Southwest realized that within the second and
third generations, very few members had the legal and financial education
required to understand and oversee their complex investment entities. The few
members who had this background made the majority of financial decisions, while
other relatives abdicated that responsibility. The active owners worked to gain agreement from the passive
owners that everyone would commit time to receiving at least a basic financial
education, and then participate actively at quarterly meetings to openly discuss
financial decisions. This strategy worked not only to ensure that investment
decisions were made with larger family input, but also to decrease the burden on
the current decision-makers and prevent any suspicions as to how choices were
made. 10. Legal Exposure Wealthy families often have multiple legal concerns that must
be continually managed. The complex investment structures utilized by many
families require constant oversight to ensure that these entities comply with
market and/or tax regulations. Changes in estate laws can dramatically affect
generational estate planning techniques and structures. If family members live
or hold property overseas, they also must comply with the laws of foreign
countries. Finally, affluent families should maintain proper levels of insurance
for things such as private businesses, household staff or corporate board
membership. A family in the Midwest has taken a multistep approach to
protecting themselves from litigation. First, the family office is registered as
an investment advisor with the SEC because there are more than 15 family-member
investors. Second, insurance policies for all members are run through the family
office so that executives can monitor and evaluate their coverage. Finally, to
lessen the likelihood of future lawsuits between members, all new estate plans
include a clause requiring heirs to utilize mediation to settle
disputes. Regardless of the particular problem or area of vulnerability,
getting family members to come together to discuss their shared risks is easier
said than done. Even when pressing risks jeopardize their future, there is a
natural reluctance to disrupt the status quo or bring up sensitive family
topics. However the price of inaction can be high. The cost of a family crisis
is always higher than the cost of preventing the crisis in the first place.
While it is impossible to prepare for all possible circumstances, a family that
has a structure for identifying and addressing risks will be better prepared to
handle even an unforeseen crisis. Without a structure or methodology for dealing
with emergencies, a crisis often precipitates chaotic outcomes. |