The Software of Wealth: Family Constitution & Governance

The Software of Wealth: Family Constitution & Governance

Trusts transfer money; Governance transfers values. How to write the “Family Constitution” that prevents the Third Generation Curse from destroying the dynasty.

Dec 28, 2025 Code Authority: Team BMT RETIREMENT > LEGACY & ESTATE

Executive Summary

  • The 90% Failure Rate: Studies show that 90% of wealthy families lose their fortune by the third generation. The cause is rarely poor investment returns (only 3%). The cause is breakdown of trust and communication (60%) and unprepared heirs (25%).
  • The Family Constitution: This is a formal document (though legally non-binding) that defines the family’s Mission, Vision, and Values. It sets the “Rules of the Road”: How we make decisions, how we handle conflict, and what is expected of a family member.
  • Structure of Governance:
    1. Family Assembly: All members meet annually for education and bonding.
    2. Family Council: Elected representatives who make high-level decisions.
    3. Family Foundation: The vehicle for shared philanthropy and social impact.

The “No Nepotism” Clause

Best Practice: A robust constitution includes an Employment Policy. It states: “To work in the family business, you must have a Master’s degree, speak two languages, and have worked 5 years at an outside Fortune 500 company with a promotion.” This prevents the business from becoming a daycare for lazy heirs.

Mechanic: The Governance Pyramid

Values
The “Why”
Constitution
The “How”
Council
Decision Body
Education
Next Gen Prep

Simulation: The “Cousin Consortium” (Chaos vs. Order)

Outcome at Generation 3 (15 Cousins)
Anarchy (No Rules)Business Sold / Wealth Dissipated
Infighting over dividends, lawsuits between cousins, total fragmentation.
Constitutional OrderLegacy Thrives
Clear dividend policy, unified voice, professional management.
Human CapitalHighest ROI
Heirs are productive citizens, not trust fund babies.
Feature Typical Rich Family Dynastic Family
Communication “Don’t talk about money” (Taboo) Transparent Financial Education
Entitlement “The money is mine” “I am a steward of the money”
Conflict Resolution Lawyers & Litigation Family Council & Voting

“Assets make you rich, but governance keeps you rich. Without a shared dream, a family is just a group of people arguing over an inheritance.”

Essential Resources

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