The following is my answer to a Quora question: “Do financial planners play a role in helping clients prepare wills?”
The financial consultant does not prepare the will per se. He advises the client on estate planning, and that goes beyond the will. This depends on the assets and their ownership structure, since some assets are owned directly, and some are owner through vehicles such as companies and trusts.
Insurance policies can be nominated. This bypasses the probate process, and the proceeds go directly to the beneficiaries. Assets that are jointly owned, such as the bank account and property would revert to the surviving owner. An exception is when there is a successful creditor claim. Assets in companies become part of the estate, and are covered under the will. Assets in testamentary trusts are subject to the terms of the trust document, and distributed to the beneficiaries accordingly, or as amended by the trustees, within their discretionary powers detailed in that trust document. All other assets are part of the estate.
The role of the financial consultant is to work with the lawyer,
the relationship manager, and perhaps, the tax consultant, to identify gaps in
the estate, and what the client wishes to leave to specific beneficiaries, and
propose insurance policies or other means to address them. Depending on where the assets are in the
world, there are considerations such as local taxes, currency exposure,
political exposure and other forms of risk to be mitigated.
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