QUOTE(hafizmamak85 @ Jun 19 2024, 04:20 PM)
Oh another thing. Families are complex or simple, depends on how you view it. Let's say you are the main breadwinner and you have a large family. You got grandparents, children and maybe nephew nieces to care for. You have a loving and caring wife but you want to ensure if something happens to you all will be taken care of.
If you don't want to do a full/partial assignment, put your wife as a nominee (the trust nominee) and all other family members, name them as nominees as well. Additionally, go to commisioner of oaths and sign a statement telling how you want each of the nominees to be taken care of and make sure you give this to the insurer upon policy application and make sure all other nominees have this info.
Ask your insurer to ensure all nominees are named in the policy document (addendum). This way creditors cannot touch your policy and all nominees will be taken care of. This is how I think it works but please do check with your respective insurers..
Last time when I checked with the policy servicing department, I remember them telling me can put percentage of sum assured to be received for each nominee. I don't know if can do anything more complex than that, but if you have a way you think you want your nominees to be taken care of, go to commisioner of oaths put everything in paper, bring your main trust nominee along and ask her to sign an understanding.
Make sure you confirm with the insurer that your policy is a trust policy even though you have multiple other nominees who may be both beneficiaries/executors. Also confirm with the insurer that if the insurer splits the claim benefit payment upfront according to the percentage you've assigned to each of the nominees that their portions will not be subject to your creditors.
In the above example scenario of having complex estate planning aspirations, it would then make sense to set up an Insurance Trust (Things to consider: Trust Deed, Beneficiaries, Trustee, and Protectors).
It all comes back to the initial discussion:
Trust nomination: Does not form part of the estate, creditor proof.
Non-trust nomination: Goes back to the estate - Follow residual clause in Will if not stated how to split the life insurance proceeds. No Will, follow the distribution act. Not creditor proof.
Using a commissioner of oath on these matters? Haven't heard that done.
Perhaps estate planning will warrant its own thread.
Best,
Jiansheng