Incentive Trusts Can Motivate Your Beneficiaries
Creative Estate Planning Encourages Your Heirs to Better Themselves
Mar 5, 2009
Like most Americans with assets that they intend to leave to their heirs, you have worked hard to accumulate what you have. And while you can feel good about leaving your designated heirs with a financial legacy, you may have some reservations about their ability to use their inheritances wisely. One way that you help them to make the right choices is by establishing an incentive trust. This type of trust can provide financial rewards to your heirs for accomplishing certain objectives that you consider beneficial.
Incentive Trust Structure
An incentive trust resembles other types of trusts in many respects; it is established and funded by a grantor. In this case, the grantor is usually an older member of the family who wishes to pass on some or all of his or her wealth to younger family members -- as long as certain goals are achieved. This type of trust can also make specific provisions regarding distribution of trust assets to beneficiaries.
Advantages to Heirs
As stated previously, the main advantage of an incentive trust is that it allows the grantor leverage to either financially reward or punish the behavior of the trust beneficiaries, within broad legal limits. Conditions such as age, education, lifestyle choices and employment are fair game in terms of criteria for this type of trust. For example, an incentive trust can restrict access to its assets to family members over age 25, or increase access for those who get a college degree. There could be a reward for carrying on a family business, or achieving some other personal or professional goal. Conversely, destructive behaviors, such as gambling or drug addiction, can cut off trust assets as well.
Use Incentive Trusts with Caution
However, if not written wisely, these trusts can also present your heirs with problems. Making unreasonable demands of your beneficiaries can lead to resentment and create other problems for them. For example, if the trust will only pay assets to an heir that is willing to continue the family business, then a beneficiary that happens to have other aspirations in life will be faced with what may be a rather substantial dilemma.
The key to successful incentive trust planning is flexibility. Remember that your heirs have their own goals and desires, which may never match up with yours. Choose the criteria for rewards and punishments wisely, and be sure to allow for contingencies such as disability or other misfortunes that could affect your beneficiaries’ ability to achieve the goals prescribed in the trust.
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