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095

Case 095Estate, succession and trustsHard

A family with Rs 50 crore settles Rs 30 crore into a private trust for three beneficiaries, one with special needs. Set the distribution policy, the investment split between income and growth, and the annual running costs.

1The situation

The Sathe family has Rs 50 crore and settles Rs 30 crore into a private trust for three grandchildren. One, aged 16, has a lifelong disability and will need care costing about Rs 30 lakh a year plus Rs 6 lakh of therapies, rising with prices, for the rest of his life. The other two, 19 and 22, need help with education and later with a first home. The family wants the trust to outlive the grandparents and to protect the child with special needs above all.

Use illustrative figures: rupee debt earns 7%, diversified equity 11%, inflation 6%. A professional trustee charges 0.25% a year, investment management 0.5%, and audit, tax filing and legal work about Rs 5 lakh a year. How a private trust and its distributions are taxed depends on its terms and must be confirmed with a tax adviser.

2Your task

What does the trust pay out and to whom, how is it invested, what does it cost to run, and can it last?

Quick check

With these assumptions, roughly what total payout rate keeps the trust's value steady in today's rupees?

Worked solution

Try it on paper, then open one step at a time.

30-second answerThe answer to give first

Pay out 3% of a three-year average value, Rs 90 lakh in year one, with the special-needs beneficiary's Rs 36 lakh paid first and the rest split between the other two. Hold about Rs 7 crore, six years of payouts and costs, in a debt ladder and invest the other Rs 23 crore 70/30 for growth. Running costs are about Rs 27.5 lakh, 0.92% a year. At 3% the trust shrinks slowly in real terms but still covers the care costs after 30 years.

Step 1What actually protects the beneficiary with special needs?

The deed and the order of payment, not the word trust. A family that puts money in a locked box but leaves no instructions has only delayed the argument. The trust deedThe legal document that creates a trust and sets out who the trustees and beneficiaries are, what the trustees may do and how money is distributed. should make the care budget the first call on every year's payout, allow trustees to pay providers directly, and name a protector who can replace a trustee who fails. A letter of wishes then tells the trustees, in the grandparents' words, what the money is for; it is not binding, but it guides every discretionary decision.

The deed and the payout order do the protecting, not the word trustSettlor: Sathe familysettles Rs 30 croreTrustees: professional + one family memberinvest, distribute, record, reportProtector, letterof wishesRunning costsRs 27.5 lakh a yearBeneficiary 1special needsRs 36 L, paid firstBeneficiary 2education, housingRs 27 LBeneficiary 3education, housingRs 27 L3% of 3-year average: Rs 90 lakh
The Sathe family settles Rs 30 crore with a professional and a family trustee; each year 3% of the three-year average value, Rs 90 lakh in year one, pays Rs 36 lakh first to the beneficiary with special needs and Rs 27 lakh to each of the others, and running costs take about Rs 27.5 lakh.
Step 2How much should the trust pay out each year?

Enough to do its job, little enough to last. A payout of 3% of the average value over the last three years gives Rs 90 lakh in year one, and the averaging stops one bad market year from cutting a care budget. The special-needs beneficiary's Rs 36 lakh is paid first; the remaining Rs 54 lakh is split between the other two for education and housing, at the trustees' discretion. Because the payout is a share of value, it rises when the trust grows and falls when it shrinks, which is exactly why the care budget is ranked first.

Step 3How is the money invested between income and growth?

Size the income sleeve in years, as for a retiree. Six years of payouts and costs, about Rs 7 crore, sit in a ladder of high-quality debt maturing year by year; the other Rs 23 crore is invested 70% in diversified equity and 30% in debt. Overall that is about 54% equity, with an assumed return of 9.15%. The ladder means no year's payout has to come from selling equity after a fall, and the growth sleeve refills the ladder each year from its gains.

Running costBasisRs lakh a year
Professional trustee0.25% of Rs 30 crore7.5
Investment management0.5% of Rs 30 crore15.0
Audit, tax filing, legalFixed5.0
Total0.92% of the trust27.5
Running the Rs 30 crore trust costs about Rs 27.5 lakh a year, 0.92% of its value, which comes off the return before any beneficiary is paid.
Step 4Can the trust last as long as it needs to?

Test the payout against what is left after inflation and costs. With about 9.1% return, 6% inflation and 0.92% costs, roughly 2% a year can be paid without shrinking the trust in real terms; at 3% it drifts from Rs 30 crore to about Rs 21.8 crore in today's money over 30 years, and at 4% it falls to about Rs 15.9 crore. At 3%, the year-30 payout is still about Rs 65 lakh in today's money, above the Rs 36 lakh care budget, so the first purpose is met. The judgement is 3%, reviewed every three years, accepting a slow real decline in exchange for meaningful help to the other two now.

In today's rupees: the payout rate decides whether the trust outlives its purpose102030Rs crore, realYear 0Year 10Year 20Year 302%: 29.73%: 21.84%: 15.9Costs 0.92%, return 9.15%, inflation 6%, all illustrativeEvery line is also the payout's size: 3% of a smaller trust is a smaller cheque
In today's rupees, the Rs 30 crore trust stays near Rs 29.7 crore over 30 years at a 2% payout, drifts to Rs 21.8 crore at 3% and falls to Rs 15.9 crore at 4%, so the payout rate decides whether the trust outlives the care it must fund.

State the limits before the family signs. Care costs can rise faster than general prices; if they do, the other beneficiaries' share shrinks first, which is the design, and they should be told so now. Tax treatment of the trust, and any concessions for a trust benefiting a person with a disability, must be confirmed. And the choice of trustees matters more than any number here: a trust with a sound policy and a careless trustee fails.

Where candidates lose it

Candidates set a payout from what the beneficiaries would like and never test it against return, inflation and costs. At 5% this trust would halve in real terms within about twenty years, long before the child with special needs is old.

The second miss is treating the trust as protective by itself. Without a first call on payouts, a protector and a letter of wishes, the most vulnerable beneficiary competes with his cousins every year.

What the interviewer asks next

  • The two older beneficiaries want a larger share now for a house. How do the trustees decide?
  • How would you change the policy if care costs rise 9% a year instead of 6%?
  • What should happen to the trust's capital after the special-needs beneficiary's lifetime?
← Case 094A client returns to India holding a USD 600,000 portfolio, about Rs 5 crore, with large gains, and may qualify for a transitional residential status for a period. How do you sequence realisations? State the framework and tell the client to confirm current rules.Case 096 →A divorcing couple splits Rs 16 crore: a house worth Rs 5 crore with a Rs 3 crore gain, equity funds worth Rs 6 crore with a Rs 2 crore gain, and Rs 5 crore of deposits. Show why a 50/50 split by market value is not 50/50 after tax, and fix it.

Company names and figures are illustrative.

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