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Life Insurance Trust - Basic Structure, Utilization and Management

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Naoki Honda

Manager, Corporate Planning Team & Market Development Team The Prudential Life Insurance Company, Ltd.

Life Insurance Trust,

Life Insurance Trust,

as a Service Innovation

as a Service Innovation

Kawai Memorial OLIS Asia Life Insurance Symposium Demographic Trends and Life Insurance Business in Asia

Day 3: Friday, November 16

(2)

Core Values

Worthy of Trust Worthy of Trust Customer Focused Customer Focused Respect for Each Other Respect for Each Other

Winning Winning

Vision

Prudential of Japan strives to revolutionize the way life insurance business is conducted in Japan

and to become the most admired life insurance partner to its customers

Mission

Our mission is to provide the highest quality service and to deliver to each and every customer financial security and peace of mind

Strategy

Prudential of Japan strives to foster professional life planners, promote needs-based sales on

an individual customer basis, and provide personal service throughout the customer’ lifetime until the time when benefits are delivered

(3)

New Value to Be Created by the Life Insurance Trust

 

 

Utilization of the Life Insurance Trust enables a policyholder to establish how

death benefits are to be used, making it possible to determine the manner of

utilization of insurance money after a death.

 

 

Specifically

, life insurance is …

an instrument that expresses

“affection for the bereaved” through

insurance money.

Trust is …

an instrument to express

an instrument to express

affection

affection

in the way the

in the way the

property is used and

property is used and

to

to

entrust

entrust

such property.

such property.

Insurance is defines as… previous arrangements to “deliver the necessary benefits

to people in need of money when necessary.”

There are cases where the recipient of insurance money cannot manage the money

properly or where there is concern as to whether the money will be used as the

policyholder wishes.

However …

(4)

(

Settlor)

Entrust

(Trustee)

Entrusted

Property right

Trust

Transfer

(Beneficiary)

Receive benefits

Beneficiary right (Right to demand delivery of property) Delivery of property

Property right remains in the hands of Trustee but shall be managed separately from Trustee’s own property.

Restrictions imposed by the purpose of the trust, contract/will

and the Trust Act (the duty of the diligence of a good

manager/duty of loyalty/duty of separate management)

Property right

Basic Structure of Trust

=> Independence of trust property

Property management

(5)

Prudential pays the benefit to the trust bank, and the trust ban

Prudential pays the benefit to the trust bank, and the trust bank manages the

k manages the

asset and makes payment to the beneficiary.

asset and makes payment to the beneficiary.

Trust

Trust

Life

Life

Insurance

Insurance

Customer

Customer Trust bankTrust bank policyholder wants to policyholder wants to The one who the The one who the

deliver the benefit deliver the benefit

Policyholder Policyholder

The insured The insured Settlor Settlor Receiver Receiver trustee

trustee BeneficiaryBeneficiary

Identical Identical person person Asset management and Payment N/A on the N/A on the insurance insurance policy policy
(6)

Policyholder

(= The insured) & Settlor (Second/third beneficiaries)

Prudential

Prudential

Trust bank

Trust bank

Beneficiary

Conclusion of a life insurance contract

Administer/manage/pay as trust property

Conclusion of a trust contract Change of beneficiary of death benefits Payment of death benefits

(Settlor)

(Trustee)

Property rights

Trust

Transfer

(Beneficiary)

Beneficiary rights (Right to demand delivery of property) Property rights

Delivery

(7)

Case where there is concern about the beneficiary

Case where there is concern about the beneficiary

s ability to manage property

s ability to manage property

It is possible to continue safe and secure delivery of property until the child comes of

age and becomes socially independent.

<Case 1>

···

Protection of a minor (child)

Minor

Minor

If something happens to me, who

will manage my child’s property? ···

Divorce

The ex-spouse has

problems such as a

habit of wasting money.

(8)

 

In the case of mentally persons with Intellectual Disability or demented

elderly persons in addition to minors …

It is possible to use the Adult Guardianship System and leave everything to the

guardian, however, it presents certain problems in terms of stability, such as increasing the burden on the guardian.

Also in the case where a professionally reliable third party, such as a judicial scrivener, is appointed a guardian, provided that such guardianship extends over a long period of time, there may be aspects that would make it difficult for an individual to ensure the continuation thereof.

It is possible to use the Adult Guardianship System and leave everything to the

guardian, however, it presents certain problems in terms of stability, such as increasing the burden on the guardian.

Also in the case where a professionally reliable third party, such as a judicial scrivener, is appointed a guardian, provided that such guardianship extends over a long period of time, there may be aspects that would make it difficult for an individual to ensure the continuation thereof.

<Case 2>

Your burden of property management will be lightened by having monthly regular delivery of benefits made without fail through trust arrangement and leaving the payment relating to extra expenses to the instructions of the person authorized to issue directions.

A trust bank is a corporation specialized in property management, and therefore, even if the trust of property extends over a long period of time, it is possible for the trust bank to continue

If you utilize the trust function through Life Insurance Trust, …

(9)

Your hope will come true provided you set up such a trust that appoints B as

the beneficiary and bequeaths to your siblings the residual property after

B’s death.

A

B

After my death, in case B also passes away,

I want the residual property to be inherited

not by B’s relatives but by my siblings.

Policyholder New spouse

Utilization Example of Life Insurance Trust (ii)

<Case 1>

··· Diversification of family relationships due to remarriage

Siblings

Case where it is hoped that the utilization of insurance money a

Case where it is hoped that the utilization of insurance money a

ccording to the

ccording to the

policyholder

(10)

<Case 2>

···

Issue of inheritance of a married couple without a child

1. A married couple has no child. B is in a state that requires considerable nursing care. 2. B’s siblings do not provide any help for nursing care and A’s younger sister provides help instead.

1. A married couple has no child. B is in a state that requires considerable nursing care. 2. B’s siblings do not provide any help for nursing care and A’s younger sister provides help instead.

Your hope will come true provided you appoint the beneficiaries as in the order, “First

Spouse Siblings

Younger sister Policyholder

A

I don’t think it permissible that after

my death, in case B also passes away,

the insurance money will be paid to

B’s siblings.

B

(11)

Life insurance

Trust

Deposits

Deposits

and savings

and savings

Main assets ··· Real property + Deposits and savings

Gift before death

Will

- To be prepared to allocate all the property.

- Once the will has been executed, allocated property becomes each party’s property.

 => It is impossible to make a will of “devise to the heir” type.

- Gift is a “contract” and therefore, once gifted, it is not freely cancellable. - Imposition of gift tax

- It is possible to provide for in advance about the management/preservation of property.

- It is possible to enjoy continuous receipt of benefits.

- It is possible to utilize the property creation function of insurance.

- It is possible to obtain a loan for policyholders during your lifetime.

Life Insurance Trust

∙∙∙

enables you to utilize the values of both insurance and trust.

(12)

Those who live in the housing facilities for the elderly, alread

Those who live in the housing facilities for the elderly, alread

y

y

separately from their children, and therefore, wish to make dona

separately from their children, and therefore, wish to make dona

tions

tions

after their death to the operating bodies of their facilities or

after their death to the operating bodies of their facilities or

their alma

their alma

maters.

maters.

Those who are single with their parents having already passed aw

Those who are single with their parents having already passed aw

ay

ay

and do not wish to leave property to distant relatives but wish

and do not wish to leave property to distant relatives but wish

to make

to make

donations to public interest groups.

donations to public interest groups.

 

(Utilization of the Trust enables you to prepare for donations and also

prepare for longevity-related risks.)

<Case 1>

<Case 2>

Utilization Example of Life Insurance Trust (iii)

Case where the donation that suits the public interest needs to

Case where the donation that suits the public interest needs to

be made in a flexible

be made in a flexible

and secure manner.

References

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