In our recent article, “Protecting Families of Wealth from Themselves: Lessons from HBO’s Succession, we explored how inadequate planning and governance can lead to destructive family dynamics, eroding multigenerational wealth while disrupting harmonious family relations over generations. The Roy family’s struggles serve as a cautionary tale, highlighting the critical importance of strategic trust planning, modern trust laws, and effective family governance—ultimately, protecting families of wealth from themselves.
While the Roy family in Succession struggles with short-term power plays, nefarious activity, and sinister plotting and positioning, a Dynasty Trust provides a stable, long-term solution that removes conflict and uncertainty, ensuring wealth is preserved across multiple generations with the ability to avoid federal estate tax forever.
Dynasty Trusts and South Dakota’s Leading Role
Considered the birth of modern trust law in 1983, South Dakota was the first state to abolish the Rule Against Perpetuities, paving the way for the creation of the Dynasty Trust. A South Dakota Dynasty Trust is a powerful planning tool that preserves family wealth over generations, allowing a trust to live in perpetuity (forever), therefore never subjecting the assets to federal estate taxation through a forced distribution. Through the use of a Dynasty Trust, families can:
- Reduce the tax burden on successive generations while still providing access to assets during their lifetime.
- Implement structured control over distributions, ensuring responsible wealth management for future generations.
- Safeguard family legacies by mitigating common challenges associated with extreme wealth, such as reckless spending, mismanagement, and intra-family disputes.
At its core, a Dynasty Trust serves as the foundation upon which a family legacy is built, helping to prevent the pitfalls associated with extreme wealth. Unlike the Roy family’s drama, where inheritance and power struggles created division, a well-structured Dynasty Trust ensures orderly wealth succession while preserving family harmony.
Additional Tax Advantages in Top-Tier Jurisdictions
Beyond the benefits of a Dynasty Trust, top-tier trust jurisdictions like South Dakota offer additional tax advantages that can enhance overall wealth preservation strategies. These tax advantages include:
- No State Income Tax / Resident Trust Planning: South Dakota is one of the few states that impose no state income tax on undistributed income, allowing trust assets to grow more efficiently over multiple generations.
- Non-Grantor Trusts: Families can use completed or incomplete non-grantor trusts to avoid significant state capital gains taxation on low-cost basis assets sold in a South Dakota trust, such as a closely held business or stock.
- Community Property Trusts: A South Dakota Community Property Special Spousal Trust can provide a 100% step-up in basis upon the death of the first spouse, potentially saving millions in state capital gains taxes over multiple generations.
While the Roy family’s fictional empire is a lesson in what not to do, real-world ultra-high-net-worth families can take a different approach by leveraging South Dakota’s modern trust laws and favorable tax advantages to protect their legacies.
If you have any questions or are looking for further information on Dynasty Trusts or the additional tax advantages we discussed, please reach out to us via our contact form or call us at (605) 224-9189.