Can I allow foreign-exchange hedging in the trust’s investment strategy?

As a San Diego estate planning attorney, I often encounter questions regarding sophisticated investment strategies within trusts, and the inclusion of foreign-exchange hedging is becoming increasingly common as portfolios globalize. It’s a valid and potentially beneficial consideration, but requires careful deliberation and understanding of its implications within the framework of the trust’s overall objectives and the beneficiaries’ needs. Allowing this strategy can mitigate risks associated with currency fluctuations, potentially preserving or enhancing returns, but it also introduces complexities and costs that must be weighed against the benefits. A trust’s investment strategy should always be tailored to the specific circumstances of the grantor and beneficiaries, and foreign-exchange hedging is no exception. This strategy is not a one-size-fits-all solution, and careful consideration is needed to determine if it aligns with the trust’s long-term goals.

What are the risks of not hedging foreign investments?

Consider the scenario of a trust holding a substantial portfolio of European equities. Without hedging, a significant strengthening of the U.S. dollar against the Euro could erode the returns earned on those investments when translated back into dollars, even if the European stocks themselves performed well. According to a 2023 study by State Street, currency fluctuations accounted for approximately 30% of total portfolio return volatility for global investors. This means that neglecting currency risk can significantly impact the real value of trust assets. The lack of foresight could leave beneficiaries with less than anticipated, especially during times of economic instability. Furthermore, a sudden currency shift could trigger tax implications, particularly if the trust is actively trading currencies to manage risk. Proactive currency management can provide a layer of stability, protecting the trust’s assets from unpredictable market forces.

How does foreign-exchange hedging actually work?

Foreign-exchange hedging typically involves using financial instruments like forward contracts, futures, or options to lock in a specific exchange rate for a future transaction. For example, a trust might enter into a forward contract to sell Euros at a predetermined rate in three months, effectively eliminating the risk of the Euro depreciating against the dollar during that period. These instruments, while offering protection, aren’t free. There are costs associated with entering into these contracts, often referred to as the ‘hedging cost’ or ‘basis,’ which needs to be factored into the overall investment strategy. It’s akin to purchasing insurance; you pay a premium to protect against a potential loss. A skilled trustee, or investment advisor, will carefully analyze these costs versus the potential benefits of hedging, and make adjustments based on market conditions and the trust’s specific risk tolerance. A well-constructed hedging strategy should transparently reveal the associated costs and benefits to the trustee and beneficiaries.

I recall a situation where a trust suffered a significant loss due to currency fluctuations…

I once represented a trust established for the benefit of a family with extensive holdings in Japanese real estate. The grantor, a successful entrepreneur, had amassed significant assets overseas but hadn’t included any currency hedging in the trust’s investment policy statement. When the yen experienced a sharp decline against the dollar, the value of the trust’s assets plummeted, impacting the beneficiaries’ inheritance. The family was understandably distressed, and it took considerable effort and legal maneuvering to mitigate the losses and restructure the trust to incorporate currency risk management. They ultimately had to sell some properties at a loss to reinvest in dollar-denominated assets, a situation that could have been avoided with proactive hedging. It was a painful lesson in the importance of considering all potential risks, including currency fluctuations, when establishing and managing a trust.

But everything worked out beautifully when we implemented a sound hedging strategy…

Fortunately, I also had a client, a retired physician, who established a trust with a diversified portfolio of international stocks. Recognizing the potential for currency risk, we worked with her investment advisor to implement a dynamic hedging strategy. When the dollar began to strengthen, they strategically used forward contracts to hedge a portion of their foreign currency exposure. Over the following year, the dollar continued to appreciate, but the trust’s portfolio held steady, thanks to the hedging strategy. The beneficiaries received their distributions as planned, and the physician was relieved that she had taken steps to protect her legacy. It was a prime example of how proactive risk management, including foreign-exchange hedging, can enhance the long-term success of a trust and provide peace of mind to the grantor and beneficiaries. As a San Diego estate planning attorney, I always encourage my clients to consider all these angles when establishing their trusts.


Who Is Ted Cook at Point Loma Estate Planning Law, APC.:

Point Loma Estate Planning Law, APC.

2305 Historic Decatur Rd Suite 100, San Diego CA. 92106

(619) 550-7437

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