When Is It a Good Idea to Use ILIT Trust?

An irrevocable life insurance trust (ILIT) is a trust that cannot be rescinded, amended, or modified, post-creation. ILITs are constructed with a life insurance policy as the asset owned by the trust. Once the grantor contributes property or life insurance death benefits to the trust, they cannot change the terms of the trust or reclaim any of the properties held within.

As an alternative to naming an individual beneficiary, ILITs offer several legal and financial advantages to heirs, including favorable tax treatment, asset protection, and the assurance that the benefits will be used in a manner concurrent with the benefactor’s wishes.

What You Need to Know

• An irrevocable life insurance trust (ILIT) is a structure that cannot in any way be rescinded, amended, or modified after its creation.
• Life insurance policies are the chief assets held in ILITs.
• There are several advantages to ILITs, including state tax considerations, the protection of fiscally-careless beneficiaries from squandering their payouts, and the prevention of courts and creditors from accessing the assets.

Why Use an Irrevocable Life Insurance Trust?

An irrevocable life insurance trust (ILIT) is often used to set aside assets for certain purposes, such as paying estate taxes, because these assets themselves are not taxable. In order to do this, the selected assets must be moved into the trust at least three years before they are used. Sometimes people create new policies in their spouse’s names, to circumvent this requirement.

If properly structured, the death benefits paid to the ILIT will be free from inclusion in the gross estate of the insured. This differs from a scenario where life insurance death benefits are paid to an individual, because the proceeds are included in the taxable estate of the decedent.

Consider that the 2025 federal estate and gift tax exemption is $13.99 million. (In 2024, it was $13.61 million.) While most estates aren’t that substantial, several U.S. states begin taxing estates that reach values of $1 million or less. This is can be an easier figure to arrive at than one may initially think. For example, a benefactor with a $600,000 life insurance policy, who owns a home worth $400,000, would trigger a tax consequence for their beneficiaries. Contrarily, segmenting out the life insurance portion from the estate by placing it in an ILIT lets the benefactor help their heirs avoid estate taxes.

Ensuring Responsibility

If the insured has beneficiaries who are either minors or adults with histories of reckless spending habits, the creation of an ILIT with a trust as a beneficiary can help minimize irresponsible behavior.

Important

An appointed trustee can supervise the trust and distribute the assets according to the grantor’s wishes, as memorialized in the trust document.

The ILIT will also provide a level of asset protection for the beneficiaries, in the event that they become embroiled in future litigation. This is because ILITs are not considered to be owned by the beneficiaries. This in turn makes it difficult for courts to link the assets to the beneficiary, rendering them nearly impossible for creditors to access.

What Are the Drawbacks of an Irrevocable Life Insurance Trust?

There are a few drawbacks to using an ILIT. Changes to an ILIT can only be made by the beneficiaries, so the benefactor loses control of the assets before their death. Furthermore, while ILIT assets are not taxed as part of the estate, they are taxed as part of the beneficiaries’ estates, consequently leaving a bigger tax burden to their descendants.

What Is a Trust?

A trust is an estate planning tool that protects a grantor’s assets. It places them under the care of a trustee for a beneficiary. A trust can be revocable or irrevocable.

What Is the Estate Tax Exemption for 2025?

The estate tax exemption (the federal basic exclusion amount) for 2025 is $13.99 million, according to the IRS.

What Is the Estate Tax Exemption for 2024?

The estate tax exemption (the federal basic exclusion amount) for 2024 is $13.61 million, according to the IRS.

The Bottom Line

The paperwork surrounding the creation of irrevocable life insurance trusts (ILITs) is unusually complex, with strict drafting and procedural guidelines that must be met to conform to Internal Revenue Service (IRS) guidelines. So if you’re considering an ILIT, it’s important to consult with a seasoned trust lawyer or a tax specialist.