Legal and General Discretionary Trust Guide

Creating a trust means that you (the trustee) pass on your policy to the trustees, who then legally own your policy and take care of it for the benefit of your beneficiaries. You are still responsible for paying insurance premiums, but trustees are responsible for the security of the escrow deed and all other documents. You claim your policy and make sure the money goes to your beneficiaries as intended. The person(s) who established the trust. They decide who benefits from the policy and who takes care of the money (the trustees). The grantor is responsible for paying premiums and is automatically a trustee. The settlor of the relevant life insurance plan trusts is referred to as the principal employer. If the policy had been placed in trust, they would have been outside the estate with clear instructions on who John wanted to receive the money, based on Lisa and John`s joint decision in advance to avoid future problems. You may want to seek expert advice if you are considering using trusts for any of the following types of policies: Most life insurance policies can be converted to a trust, so anyone who owns a policy can create one. If you`re not sure if your policy can be included in a relationship of trust, use the “Select” section of this trusted tool for advice or seek expert advice to understand all your options.

What kind of policy do you put into that trust? You are the person who creates trust, so you are legally known as the settlor. Please fill in your details below: You can also give your trustees a letter telling them how you would like to distribute the money, called a wish letter PDF: 44KB. If you wish to pass on the benefit to your beneficiaries, you must sign the corresponding section of the trust deed once you have printed it. If your policy is common, both people (co-trustees) must sign. There are also tax advantages when it comes to estate tax, as the value of your policy in the trust is generally not considered part of your estate when you die, leaving more to your beneficiaries. You (and any co-trustee) automatically become a trustee of your trust, but it`s usually a good idea to have at least one other person as trustee. You need a separate trust relationship for each policy that you want to approve. Our Survivors` Discretionary Trust is a special trust for joint life insurance policies that are paid upon first death. The surviving person becomes your beneficiary, but if they die within 30 days of your death, your children or other dependents automatically become the beneficiaries. Yes, to ensure that we can quickly and easily remit the proceeds of the policy to your trustees, please remember to notify us of any changes to your personal contact information as soon as possible so that our records are up to date. Trustees are people who designate you as the rightful owners of your policy. The trustees inform us of each claim, receive the insurance money and then pass it on to your beneficiaries.

You are automatically a trustee of your trust. Our claims team is specially trained by Samaritans, so you know your trustees will be talking to someone who understands that this can be a difficult time. We strive to pay for damages quickly. If one trustee dies, the other trustees may continue, but a replacement may be necessary. The settlor does not control the trust, although you are generally still responsible for paying the premiums on your policy. You are automatically a trustee, so you must play a role in creating the plans and managing the trust. Yes, trustees can change for a variety of reasons. A trustee may want to retire, and he or she may do so if all the trustees agree.

To change trustees, all trustees must agree, including the trustee who is being changed. Please contact us so that we can send you the correct forms. The worst-case scenario could be that if you are not married and have not made a will, your partner may not have a legal right to the insurance proceeds unless it is held in trust. You may want to seek advice from an expert on trust who might be the best trust for you and seek advice from an independent financial advisor. Find one of the people who receive the money from the personal or relevant life plan trust fund here. This can be a spouse, a registered partner or children – the grantor can name whomever they want. In the case of stock protection trusts, other business owners are the beneficiaries. Your client designates standard beneficiaries who will receive the benefit first. Directors may also exercise their discretion. We generally suggest that there be a maximum of four but at least three trustees, but it is up to you to decide how many trustees you want. You are automatically a trustee, like any other person named in your policy, if your life insurance is a joint policy. You will need to appoint at least one other trustee, but you can choose more than that.

A discretionary survivor trust is similar to our standard discretionary trust, but is only suitable for joint life insurance, where insurance money is paid after the death of the first person. It differs from a standard survivor`s discretionary trust because in a survivor`s discretionary trust, if one of the original policyholders (settlors) dies but the other settlor survives, the survivor is entitled to the money from the policy. If both settlors die within 30 days, discretionary beneficiaries benefit in the same way as under a standard discretionary trust. If you think flexible trust is right for you, consider seeking expert advice on it before using the full tool to create your trusted certificate. A flexible trust is similar to a discretionary trust, but it is more complicated. There are two types of beneficiaries. The first type of beneficiary is the standard beneficiary. These beneficiaries are individuals who are entitled to any income from the trust as soon as it arises.

In practice, if life insurance is the trust`s only asset, there will generally be no income until the claim is made. The second type of beneficiary is the discretionary beneficiary. These discretionary beneficiaries are people to whom your trustees can give money at their discretion. They will only receive capital or income from the trust if the trustees appoint them during the term of the trust. If no appointment is arranged at the end of the escrow period, defaulting beneficiaries will receive all benefits. Please tell us a bit more about the people you would like to use as a standard beneficiary below, including their percentage share in the trust. Without a trust, the proceeds of the policy for a joint policy are automatically paid to the surviving dependant. Different types of trusts are treated differently for IHT purposes.

Discretionary trusts, discretionary trusts and discretionary trusts and flexible trusts are all relevant types of real estate trusts (TOR) and are treated equally overall. Absolute trusts are treated differently. Depending on the type of trust you are putting in place, changing who benefits from it and when can offer a lot of flexibility so that your changing situation – such as having more children or grandchildren – can be taken into account. However, tax considerations can become increasingly important if the money is held in trust longer and you may want professional advice to help you. It is important to be able to see which policy you trust. Absolute trust is the least flexible type of trust we offer. Beneficiaries are appointees who cannot be changed in the future. For example, children born later cannot be included or a spouse cannot be removed after a divorce. Recipients have a full right to the trust fund and directors have no discretion as to who to pay.

Their trustees must be over 18 years old, and this is usually easier if they are British taxpayers living in the UK. If you want trustees outside the UK, consider seeking specialist legal and tax advice in this regard. The trustees assume legal ownership of the trust fund. If protection insurance is the only thing in the trust, they usually won`t have much to do until it`s time to make a claim.