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Given the relatively low current tax rates, changing executive and legislative control and the increasing need for government revenue, there is a distinct possibility of a capital gains tax rate increase. Knowing this, individuals may be wise to suspend the common practice always to defer taxation.

With short-term interest rates currently near zero, this may be a good time to consider using intra-family loans, grantor retained annuity trusts and sales to intentionally defective grantor trusts.

Low interest rates are certainly disheartening for investors looking for income, but they also drive down key rates used in estate planning – a great benefit to those looking for low or no tax techniques for transferring wealth to family members. It is unlikely, however, that these rates will remain as low as they currently are.

The charitable lead trust can be used effectively for the ultra-wealthy to pass property, at death or during life, to charity and family members. The trust is particularly effective for individuals who want to address their charitable interests and also set aside money for future generations' medical, educational or other needs.

Designed to exist perpetually, promote family values and provide a substantial legacy, a dynasty trust takes the greatest possible advantage of a donor's gift tax and generation-skipping transfer tax exemptions. The trust property and the appreciation on that property remain in trust out of the family's successive estates. However, the flexibility of many dynasty trust state laws allows for the termination of the trust, if that were desired.

These harsh economic times should induce beneficiaries, fiduciaries and their advisors to review trust distributions and portfolio viability. Whether investment and inflation conditions get worse or improve, if everyone takes a long hard look at the economic reality and works together, they can devise a deliberate and practical trust plan that will maintain trust assets and satisfy objectives.

Wealthy global families are becoming increasingly aware of their need for a well thought out citizenship and residency strategy to protect their wealth and to safeguard their freedom of movement. This paper from Northwood Family Office makes the case for Canada as a safe and surprisingly tax-efficient alternative to many of the more well known citizenships the wealthy can consider acquiring.

Contrary to what some investors think, embedded capital losses in stock mutual funds may not be tax advantageous, according to Hammond Associates. If capital gains rates remain at current levels, those capital loss carry-forwards add value for shareholders, albeit modest. If capital gains tax rates increase after 2010, loss carry-forwards may impose additional costs on shareholders who invest before 2011.

Many taxable investors are literally losing money by purchasing government bonds trading at a premium to their par value. A short article by Northwood Family Office notes that to understand the true rate of return, individuals must consider the impact of taxes on their bond investments.

Creating an estate plan can be a complex process, but it ensures security for surviving family members, serves as a core element of long-term wealth strategy and contributes to the family's long-term stability. Neuberger Berman covers the essentials of creating an estate plan, including basic planning documents, legal issues and lifetime wealth transfers.