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Writing insurance into trust
loveinaction
Posts: 4 Newbie
I am an only child. My widowed father has some life insurance policies with different insurance companies which need to be written into trust. He wants to use the standard discretionary trust "write into trust" forms supplied by the respective insurance companies because this service is free.
Could somebody please advise if this format is correct?
Donor/Settlor: Dad's Name
Trustees: Dad's Name and Named Son (My Name)
Beneficiary: Named Son (My Name) and Remoter Issue of the Settlor whenever born
As Donor/Settlor, Dad will automatically be a trustee. He wants me to be the additional trustee. He wants my children (Grandchild X and Grandchild Y) as the reserve trustees, in case I do not survive him/lose capacity etc. He does not want them to be joint trustees with me, only in reserve, to step up in case I'm not around.
Similarly, he wants me to be the first beneficiary and after my death, my children and remoter issue.
Additionally, he would like me, in my capacity as Beneficiary, to be able to "borrow"/take out a private loan from the trust if I choose to, after payment has been made into the trust by the insurance company following his death or even leave it in the trust if I want so that my children and remoter issue can benefit after me.
Is this all possible, using the standard forms provided? None of the insurance companies are able to advise on trust matters and are telling him to seek independent advice.
He has been quoted over £700 for each policy to be written into trust through an independent adviser so we are wondering if it is possible to do this ourselves for free. NB The beneficiary (me) must be allowed to borrow from the trust rather than receive an outright payment. Essentially the Beneficiary and Trustee are the same person (me) so we have been told this is legally possible. We just don't want to pay more than is necessary to get bespoke trust forms if free standard forms will do the same thing.
If not, than is this something that any solicitor can do for my father? What would be a reasonable price per policy trust?
Thank you.
Could somebody please advise if this format is correct?
Donor/Settlor: Dad's Name
Trustees: Dad's Name and Named Son (My Name)
Beneficiary: Named Son (My Name) and Remoter Issue of the Settlor whenever born
As Donor/Settlor, Dad will automatically be a trustee. He wants me to be the additional trustee. He wants my children (Grandchild X and Grandchild Y) as the reserve trustees, in case I do not survive him/lose capacity etc. He does not want them to be joint trustees with me, only in reserve, to step up in case I'm not around.
Similarly, he wants me to be the first beneficiary and after my death, my children and remoter issue.
Additionally, he would like me, in my capacity as Beneficiary, to be able to "borrow"/take out a private loan from the trust if I choose to, after payment has been made into the trust by the insurance company following his death or even leave it in the trust if I want so that my children and remoter issue can benefit after me.
Is this all possible, using the standard forms provided? None of the insurance companies are able to advise on trust matters and are telling him to seek independent advice.
He has been quoted over £700 for each policy to be written into trust through an independent adviser so we are wondering if it is possible to do this ourselves for free. NB The beneficiary (me) must be allowed to borrow from the trust rather than receive an outright payment. Essentially the Beneficiary and Trustee are the same person (me) so we have been told this is legally possible. We just don't want to pay more than is necessary to get bespoke trust forms if free standard forms will do the same thing.
If not, than is this something that any solicitor can do for my father? What would be a reasonable price per policy trust?
Thank you.
0
Comments
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Why'd you need to be able to get a loan from the trust rather than simply receive the payment out of the trust?0
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I don't want to put it directly into my estate. I want to leave the trust for my children. IHT planning.0
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it can be incredibly tax efficient to do this as it creates a debt on the beneficiaries estate since they "owe" the money to the trust.DullGreyGuy said:Why'd you need to be able to get a loan from the trust rather than simply receive the payment out of the trust?1 -
even the basic trusts which insurers provide would normally allow what you want. The reason you are getting quotes for £700 is due to them being culpible for the advice being provided, not necessarily the work involved.loveinaction said:I don't want to put it directly into my estate. I want to leave the trust for my children. IHT planning.1 -
Unless you plan to inherit nothing from your father wouldn't it be easier to simply leave the policies as they are and divert some his estate to your children via a deed of variation when the time comes?0
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So how would we do this? Is there someone/somewhere we could go to get this done or advise us without this price tag?Weighty1 said:
even the basic trusts which insurers provide would normally allow what you want. The reason you are getting quotes for £700 is due to them being culpible for the advice being provided, not necessarily the work involved.loveinaction said:I don't want to put it directly into my estate. I want to leave the trust for my children. IHT planning.
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no. The two places you get advice on these things are solicitors or IFAs/whole of market protection advisers.loveinaction said:
So how would we do this? Is there someone/somewhere we could go to get this done or advise us without this price tag?Weighty1 said:
even the basic trusts which insurers provide would normally allow what you want. The reason you are getting quotes for £700 is due to them being culpible for the advice being provided, not necessarily the work involved.loveinaction said:I don't want to put it directly into my estate. I want to leave the trust for my children. IHT planning.
They will not do it at no cost as they would carry the liability for the advice.I am an Independent Financial Adviser (IFA). The comments I make are just my opinion and are for discussion purposes only. They are not financial advice and you should not treat them as such. If you feel an area discussed may be relevant to you, then please seek advice from an Independent Financial Adviser local to you.1 -
Thank you. Good to know. So is this price reasonable?0
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