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4.8.1 The Use of a Flexible Trust

  • By writing death benefits under a flexible trust, it is possible to make provision for:-


    1. a specific beneficiary who will receive the death benefits on the member's death after creating the trust.
    2. a class of potential beneficiaries, with a power of appointment, so that the death benefit may be re directed to any one or more of these, along with or instead of the current immediate beneficiary.
  • A power of appointment within the trust's documentation enables the policyholder to change the potential recipient of the policy proceeds.

  • On the death of the policyholder , payment will be made to the trustees who will apply the proceeds according to the provisions of the trust. As the monies are being paid to the trustees and not to the estate of the deceased there is no inheritance tax liability. The policy proceeds can be paid without the need to obtain probate.

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