How
can a professional advisor demonstrate
the life insurance expertise expected
by grantors, beneficiaries, and family
members serving as unskilled personal
trustees? An insurance trust is created
to achieve measurable asset preservation,
liquidity timing, cash flow and tax
leverage, and income planning objectives.
These criteria combine to form the
basis of an economic analysis that
identifies the expected trust return
(death benefit proceeds) and premium
payment risk (100% premium adequacy
to sustain the policy for the insured’s
lifetime).
When a corporate trustee is engaged,
a professional advisor plays a key role
in confirming trust objectives and trust
management expectations. When a family
member serves as personal trustee, he/she
and the grantor usually rely upon a professional
advisor to coordinate policy selection
and trust operation. To avoid breach
of fiduciary duty liability, a professional
advisor should confirm:
- Product suitability based on the
trust’s objectives and gifting
plan,
- Premium adequacy based on policy
guarantees or actuarially certified
evaluation, and
- Periodic performance of policy
acceptance benchmark values.
Subsequently, if the trust objectives
change or the policy is
under-performing its acceptance
benchmark
values or is no longer needed,
the
advisor should
verify the trustee’s
studied consideration of
restructure options.
TAC assists professional
advisors in coordinating
and confirming ‘best
practices’ TOLI policy
risk management.
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