ILIT Management ResponsibilitiesAn ILIT trustee has the sole fiduciary responsibility for all trust and policy administration activities, including annual policy risk management determinations and communication. If a trustee lacks life insurance and policy risk management expertise, the trustee also has a duty to delegate these functions to providers that have the requisite TOLI-specific expertise. To avoid breach of trust and predatory practices allegations resulting from the selection of unqualified providers, the below matrix summarizes typical ILIT responsibilities and delegated functions.
Trustee: A trustee should serve as a trust and beneficiary ‘protector’ with contractual responsibility to perform ILIT duties in a prudent manner as set out in the trust agreement, UPIA, TOLI Investment Policy Statement and other known fiduciary, life insurance and regulatory oversight guidance.ILIT and TOLI Admin: A trustee’s annual ILIT administration and TOLI risk management duties may be delegated to an independent third-party that has no affiliations with policy sales providers and no partner relationships with other fee-based providers to cross-sell TOLI services.TOLI Policy Evaluation: Annual TOLI performance evaluations should be prepared by an independent fee-based provider that has the requisite expertise, no affiliations with policy sales providers, and no partner relationships with other fee-based providers to cross-sell TOLI services.TOLI Performance Report: Annual TOLI performance reports should be prepared by an independent fee-based provider or consultant that offers ‘dispute defensible’ TOLI-specific performance evaluations or a trustee with the requisite life insurance expertise.Tax and Accounting: All tax matters should be coordinated by an Accountant serving the Grantor or a Professional Trustee with accounting staff.Legal Documents: An attorney representing the Grantor or a Professional Trustee with legal staff should prepare ILIT documents including annual Crummey Notices.Investment Policy Stmt: The Investment Policy Statement is not a legal document and can be prepared by the trustee and/or a fee-based Consultant in consultation with the grantor and beneficiary(ies).Policy Sales: Coordinated by a licensed agent selected by the Trustee.Policy Remediation: Coordinated by a fee-based consultant or licensed agent selected by the Trustee.Life Settlement:Coordinated by a licensed life settlement consultant selected by the Trustee.