Late last year, Warren Buffett announced that his fortune will be directed to a charitable trust managed by his three children when he dies.
The announcement, made via Berkshire Hathaway where Buffett, 93, is chairman and CEO, was the first indication of how the famous investor planned to distribute his assets upon his death.
The fact Buffett waited to make these plans until he was 93—and his children were between the ages of 65 and 70—is not necessarily unusual for very wealthy people whose estate plans, and philanthropic giving strategies, constantly evolve, according to wealth management experts.
“We tell our clients all the time, you want to try to have as much flexibility in your future planning as possible because you just don’t know how situations are going to change,” says Paul Karger, co-founder and managing director of wealth advisory firm TwinFocus in Boston.
Buffett, for instance, made a lifetime commitment in 2006 to distribute annual grants to five foundations: the Bill and Melinda Gates Foundation, the Susan Thompson Buffett Foundation (named for his late wife), and foundations run by each of children. Since then, he has distributed Berkshire B shares valued at about US$55 billion when they were received to these organisations, Buffett said in a June 28 statement issued by Berkshire Hathaway. The Bill and Melinda Gates Foundation—where Buffett served as a board member until Gates and French Gates announced their divorce in 2021—had received US$39.3 billion through 2023, the organisation’s website said.
Annual gifts to those foundations will continue until Buffett dies and his remaining assets are transferred to the charitable trust. In the June 28 statement, Buffett said his current holdings of Berkshire A shares (which he converts to B shares to make the charitable contributions) “are worth about US$127 billion, roughly 99.5% of my net worth.”
When Buffett announced his intentions for the distribution of this fortune, he said his children “were not fully prepared” in 2006 to serve as executors of his will and trustees of the charitable trust “but they are now.”
Recognizing that things change and that “it’s impossible to prepare for every scenario,” is a lesson that Karger often preaches.
Currently, Karger’s firm is working with a billionaire family that wants to give all their money away to charity. “They don’t want their kids to have any,” Karger says.
So TwinFocus is trying to introduce planning techniques to “baby-step” this family’s intentions, “because some of those decisions are not reversible,” he says. “There are seasons to our lives, and we think about life differently in different seasons. You don’t want to live with a mistake that you can’t fix, especially with this level of wealth.”
Justin Flach, managing director for wealth strategy in the San Diego office of Ascent Private Capital Management, the ultra-high-net-worth division of U.S. Bank Wealth Management, says Buffett’s strategy of providing gifts to his children’s foundations since 2006 and now deciding to create a charitable trust funded by his assets that they will manage, is an established approach.
“That’s something you see very commonly with families is that as the family starts to dip its toe into philanthropy, they need to learn together and train together and make sure they’re aligned about how they want to proceed,” Flach says. “Something like this isn’t uncommon because it just shows a family adapting over time.”
Flach also encourages ultra-rich families to begin giving away wealth during their lifetime, as Buffett has done, and he sees far more of them taking this approach today. By doing so, philanthropists can experience “their full empathy” during their lifetime. It also means they can find out if their charitable strategy works or not.
“It allows them to assess [whether] the people they’re working with are the right partners,” Flach says. It also allows them to see whether those they hope to hand their charitable assets off to are “trained and ready to take over when they’re gone.”
A charitable trust—the structure that Buffett is using to absorb his wealth—is an “irrevocable” vehicle for tax purposes, meaning, the assets in the trust can’t be taken out for anything other than distributing funds to nonprofits.
In Buffett’s case, his three children “must act unanimously” when deciding where the trust’s assets will be granted, he said. They also must designate successors. Buffett indicated he isn’t placing more rules on the trust because “wise trustees above ground are preferable to any strictures written by someone long gone.”
He did say, however, that the trust will be spent down “after a decade or so,” and will have a “lean staff.”
Setting up a charitable trust, such as the one Buffett’s children will direct, serves two purposes. It “helps them fund the family’s philanthropy long after the family members have passed,” Flach says, and “there’s an estate tax deduction for gifts to charity at death. That can be a very valuable way to reduce your estate taxes.”
The trust structure is similar to a private foundation, although only a trust can be created through a will, he says. Both vehicles are treated the same for tax purposes and have the same disclosure requirements, meaning they have to tell the IRS where the money is granted and they have to distribute at least 5% of assets each year to qualified nonprofits.
Though Buffett has chosen to have his trust spent down, a family could instead create a perpetual trust that would live on through generations, Flach says.
For very wealthy families, it’s important to regularly review estate plans, including plans for charitable giving. At least every five years, documents should be reviewed to ensure past choices still make sense and can be amended as needed, Karger says.
The super wealthy, those with assets of US$100 million or more, should consider using their current lifetime gift exclusion—currently US$13.1 million per person—to create an irrevocable trust. That would allow an individual “to move assets outside of their estate [and] let them grow for the next generation estate tax exempt,” he says.
Flach agrees wealthy families should regularly assess their estate and philanthropic planning, which, depending on a family’s situation or desire, could be annually or every few years.
“Going back through and making sure that you’d make the same decisions today
that you made when you created the plan, based on the facts of what they are today,
is a really good exercise,” Flach says. “It allows you to make sure that when ultimately you do pass on, or when you’re ultimately giving to a philanthropic cause, that your wishes are truly being carried out, as opposed to what your wishes may have been 20, 30, 40 years ago.”
BNW Developments has established a Sydney presence, joining Arada and Sobha Realty among the growing number of UAE developers pursuing Australian buyers and development opportunities.
The Australian leather house has opened an immersive four-day pop-up in Manhattan, unveiling its Bloom Collection and redefining what a product launch can look like.
Strong family financial planning can help reduce taxes and support younger generations. From intrafamily loans and asset gifts to inheritance disclaimers, strategic cooperation can create meaningful financial benefits—when families have the trust and structure to make it work.
Happy is the family whose members—parents, grandparents and grown children—trust each other enough to cooperate on shared goals, especially financial ones. When that is truly the case, Uncle Sam’s tax rules can help as well.
This matters especially now that mortgage rates are above 7%, and many families are looking for ways to help younger members. If the elders have resources and are confident younger ones can cooperate, a family loan could make homeownership possible while providing the elders with a useful income stream.
Other strategies can actually lower taxes, such as when funding 529 plans or Roth IRAs, or when someone inherits a traditional IRA with required withdrawals larger than they will need.
Here are three strategies useful for functional families.
Intrafamily loans
It is perfectly legal for families to lend money to a relative for a down payment or even a private mortgage.
But it is important not to cut corners, says Ryan McKeown, a CPA with Modern Wealth Enhancement in Minnesota. If the loan is for a down payment, be honest with the mortgage provider and have a formal agreement. The lender owes tax on the interest payments received.
If the loan is for a private mortgage, both sides should have legal representation with a formal written agreement, including payment terms. The lender owes tax on the interest, and the borrower often can deduct it if he or she itemizes.
To avoid IRS trouble, the interest rate shouldn’t be lower than the agency’s Applicable Federal Rate at the time of the loan. Currently that is about 5% for loans longer than nine years; about 4.5% for loans three to nine years; and about 4% for loans three years or less. Currently, traditional mortgage rates are generally above 7%.
In addition, the lender could use the $19,000 annual gift-tax exemption (described below) to forgive some or all of the interest or principal annually. If both lenders and borrowers are married, that is up to $76,000 a year. There is no tax for the borrower on such forgiveness, because it is from a gift.
If you’re going this route, McKeown advises against having a fixed plan to forgive the debt. Instead, do it in one-off letters specifying the amount—and keep careful records. Otherwise the IRS might try to treat the loan as a taxable gift.
Asset gifts
Powerful tax-saving moves for families often use gift-tax provisions. Under current law, anyone can give anyone else up to $19,000 of assets annually, free of gift tax. That means a married couple with three grandchildren could give them a total of $114,000 in 2026.
The gifts can be cash or other assets, like stock. For noncash gifts, the cost basis—which is the starting point for measuring taxable gain after a sale—“carries over” to the recipient. So if someone buys $1,000 of stock and gives it away when it is worth $5,000, the recipient’s cost basis is $1,000. If the recipient later sells the shares for $8,000, the taxable gain is $7,000.
Here’s an example showing how gifts could save a family taxes. Grandma is a widow of modest means, while her child and spouse have prospered. The couple has two children, and they want to contribute $5,000 to a 529 college-savings plan for each—but they need to sell stock to do it. Their tax rate on the sale would be 18.8%, and they would need to sell about $11,000 of stock.
However, Grandma’s federal tax rate on the stock sale is 0%. If the couple gives $10,000 of shares to Grandma, she could sell them, pay no tax, and fund the grandchildren’s 529 plans. This saves about $1,000 of tax.
These moves are legal, and they could be used in other ways, such as to help a young person fund a Roth IRA.
But trust among family members is essential: Under the law, givers can’t put conditions on a gift. Grandma could use her stock proceeds to take a cruise, but she makes 529 contributions instead.
Mark Sellner, a retired tax attorney and CPA living in Sarasota, Fla., uses this strategy. His children sell stock he gives them and fund 529 plans for his grandchildren.
The family’s tax savings aren’t huge, but he likes other benefits. The sales by his children don’t boost his adjusted gross income, which in turn could raise his Medicare Irmaa premiums or his 3.8% surtax on net investment income.
Sellner doesn’t worry about his children using the funds for another purpose.
“There can’t be any strings attached to gifts. Of course, it is up to us to decide whether to make them in the future,” he says.
Two caveats: The “kiddie tax” applies to most children under age 24, and it is levied at the parents’ rate on investment income above $2,700 in 2026. Consider this before making gifts to a young person.
Investors who give away stock also forgo the step-up, an important provision that exempts assets held at death from capital-gains tax.
Sellner knows he’s losing a step-up, but says, “The children could use a little more now. Why should they wait 20 years to get it?”
Disclaimers
A disclaimer is a highly useful strategy in which one heir renounces an inheritance in favor of another heir. Assuming family members cooperate, this can save taxes.
Here’s one example. Dad died and had a large traditional IRA that he left to Mom. She has enough assets and income to cover her expenses, and she lives in a state with a stiff estate tax. The inherited IRA would put her estate over the threshold.
Also surviving are three young-adult children. If Mom disclaims all or part of Dad’s IRA within nine months of his death, that amount could go directly to the children. They will have 10 years to empty the account, and the family as a whole will likely save estate and income taxes.
Disclaimers have many key details, especially regarding beneficiary documents. Although heirs have great freedom in choosing what assets to disclaim, the rules about who gets disclaimed property are rigid. It is best if the original owner names tiers of heirs so that if one disclaims, the next recipient is clear.

