M9_keyconcepts ☆
M9_keyconcepts ☆
INSURANCE
AND INVESTMENT-
LINKED POLICIES II
( 6 th E D I T I O N )
CHAPTER
01
RISK AND LIFE INSURANCE
This is the only kind of risk that can be insured (provided that it meets
certain other requirements)
Requirements of insurable risks • Loss must be significant in financial terms.
• Loss must occur by chance.
• Loss must be definite.
• Loss must be calculable.
• Loss must not be catastrophic to the insurer.
• Loss must be based on large number of insured.
Dealing with risk For example, we can avoid the risk of personal injury that may result from
• Avoiding the risk a car collision by never driving a car.
Dealing with risk An example will be to undergo a health screening examination yearly,
• Controlling the risk when one reaches a certain age (e.g. 40 years old), so that one can detect
and treat an illness before it is too late.
Dealing with risk For example, an employer can provide medical expense benefits to its
• Retaining the risk employees, by either setting aside money to pay their medical expenses,
or paying the expenses out of its current income.
Dealing with risk For example, a breadwinner may transfer his risk of premature death or
• Transferring the risk disability to the insurer by paying a small, predictable amount of premium
to the insurer.
Personal risks that can be insured • Risk of premature death.
• Risk of outliving resources or longevity risk.
• Risk of poor health and disablement.
Life insurance policy A life insurance policy is a policy under which the insurer promises to
pay a benefit upon the death of the person who is insured. As such, life
insurance provides financial protection against the economic loss caused
by the premature death of the person insured. This benefit is commonly
known as Death Benefit.
Applicant of a life insurance policy The applicant (also known as the proposer or intending insured) is the
person or business that applies for an insurance policy.
Policy owner of a life insurance When a policy is issued, the person or business that owns the insurance
policy policy is known as the policy owner.
Life insured of a life insurance The person who is insured by a life insurance policy is referred to as the
policy life insured.
Beneficiary of a life insurance The person or party whom the policy owner named to receive the policy
policy benefit.
Third-party policy When one person purchases insurance on the life of another person.
Physical hazard A physical hazard is a physical characteristic that may increase the
likelihood of loss. For example, a person with a history of heart attacks
possesses a physical hazard that will increase the likelihood of that person
dying sooner than that of a person of the same age and gender without
such similar medical history.
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Moral hazard Moral hazard is the likelihood that a person may act dishonestly in the
insurance transaction. For example, if an individual applies for a sum
assured which is far in excess of what others in the same financial
situation would buy, the insurer would be concerned about the reason for
the high cover.
Anti-selection Individuals who believe they have a greater-than-average likelihood of loss
tend to seek insurance protection to a greater extent than do those who
believe they have an average or less-than-average likelihood of loss.
Methods to minimise anti- • Underwriting or selection of risks.
selection • Offering policies with different excess.
• Offering policies with exclusions.
Term insurance Provides a death benefit if the insured dies during a specified period.
Whole life insurance Whole life insurance provides life insurance coverage throughout the
insured’s lifetime and also provides a savings element.
Endowment insurance Endowment insurance provides a policy benefit that is paid either when
the insured dies or on a stated date if the insured lives until then.
Universal life insurance Universal life insurance is a form of “interest sensitive” whole life insurance
that offers a death benefit, and because of its flexible premium feature,
provides the opportunity to build cash values which the policy owner can
borrow from or withdraw.
Annuity An annuity is a series of periodic income payments to a named individual
in exchange for a premium or a series of premiums.
Investment-linked Life Insurance ILPs provide a combination of protection and investment elements.
policies (ILPs)
Health insurance products These products are designed to cover hospital expenses, surgical expenses
and emergency accident outpatient expenses incurred as a result of
accident, sickness or disease commencing or occurring during the period
of insurance.
Life insurance as a financial • Financial protection against premature death.
protection tool • Financial protection against outliving resources.
• Financial protection against ill health and disablement.
Critical illness insurance.
Medical expense insurance.
Hospital cash (income) insurance.
Disability income insurance.
Long-term care insurance.
• Financial protection for businesses
Other uses of life insurance • Assist in making savings possible.
• Provides a safe investment.
• Encourages thrift.
• Minimises worries and provides peace of mind.
Risk pooling Pooling brings together a large number of exposures of similar risk
characteristics, thereby allowing the application of the law of large
numbers to predict the frequency (probable number of losses) and
severity of losses (probable size of the losses).
How insurers can accept so many An insurer accepts the risk of financial loss of a large number of people,
risks? but only a small percentage of these people will actually suffer an insured
financial loss at any given period.
Law of large numbers - insurance With the increasing number of insured persons, risk and uncertainty will
diminish. Thus, the larger the insured group, the more predictable will be
the loss experience for the insured group as a whole.
Principle of utmost good faith • Disclose all material facts (see explanation below) which they are
aware of or ought to have been aware of, even if no question is
specifically asked in the proposal (or application) form; and
• Not to make any mis-statement of material facts.
Material facts Material facts are facts that can cause an underwriter to deal with a case
differently if the information was disclosed at the time of application of the
insurance policy.
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Facts which need not be disclosed • Facts which the insurer already knows [e.g. An insurer should know
about outbreak of civil unrest in a certain country, or influenza a (h1n1)
in various parts of the world];
• Facts which the insurer ought to know;
• Facts about which the insurer waives information;
• Facts which can be discovered, where enough information has been
given to provoke enquiry by the insurer (e.g. In answering a proposal
form question on other existing life insurance policies taken out with
the same insurer, the proposer states as “refer to details in your
company’s records”, instead of writing down all the policy details as
requested in the proposal form); and
• Facts which lessen the risk (e.g. A person applying for personal
accident insurance does not like to take part in hazardous activities).
Duty of disclosure – at inception Under common law, the duty of disclosure starts at the beginning of
negotiations and ends at the formation of the insurance contract.
Duty of disclosure – on renewal On the renewal of a policy, the duty of disclosure by the insured is revived
for general insurance. There is no such duty of disclosure for life insurance
policies, as they are not renewable annually, but which are issued for a
specific number of years or for life.
Duty of disclosure – on alteration During the currency of the insurance contract, it may be necessary to
change the terms of the policy. In these cases, the duty of disclosure is
revived as a new contract is being formed.
Insurer’s duty of disclosure • Notifying an insured of a possible entitlement to a premium discount
resulting from a good previous insurance history;
• Only taking on risks which the insurer is licensed to accept, i.e. Avoid
unenforceable contracts; and
• Ensuring that statements made are true, as misleading an insured
about policy cover is a breach of utmost good faith.
When does insurable interest An insured interest exists when the policy owner is likely to benefit if the
exist? insured continues to live and is likely to suffer some loss or detriment if
the insured dies.
Insurable interest requirement If the insurable interest requirement is not met when a policy is issued, the
not met. policy is not valid.
Why is insurable interest • Excludes the possibility of gambling (i.e. minimise problems of moral
necessary? hazard in insurance).
• The proposer is expected to safeguard the subject matter (i.e. the
proposer is interested in its preservation).
Insurable interest in life insurance There must be an insurable interest, or a presumed insurable interest,
present at the inception of the insurance contract, but it need not be
present at the time of the life insured’s death. A beneficiary, therefore,
need not provide evidence of insurable interest in order to receive the
benefits of a life insurance policy.
Insurable interest in general • Insurable interest must be present at both the inception of the
insurance insurance contract and at the time of loss.
• For marine cargo insurance, there is no need for insurable interest to
be present at the inception of the insurance contract. Rather, insurable
interest must exist only at the time of loss.
Principle of indemnity • States that the financial position of an insured is to be restored
approximately to the position that existed immediately prior to the
occurrence of the loss.
• The principle of indemnity applies to General Insurance as well as
Health Insurance. However, it does not apply to Life Insurance and
Personal Accident Insurance. It is because we cannot price the value of
a human life.
Buyers of insurance • Individuals (including sole proprietors);
• Commercial enterprises (such as multinational corporations, small and
medium enterprises, partnerships, companies, etc.); and
• Government (including its various agencies, ministries and statutory
boards).
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Sellers of insurance • Direct insurers (which include: life insurers, general insurers, and
composite insurers).
• Reinsurers (which include life reinsurers, general reinsurers and
composite reinsurers).
• Captive insurers
• Lloyd’s Asia scheme.
Intermediaries An insurance intermediary means a person who, as an agent for one or
more insurers or as an agent for insureds or intending insureds, arranges
contracts of insurance in Singapore, and includes an insurance agent or an
insurance broker.
• Representative Of A Life Insurance Company (Insurer).
• Representative Of A Bank Or Other Financial Institution.
• Representative Of A Licensed And Exempt Financial Adviser (FA) Firm.
Introducer of life insurance The introducer is not authorised to give advice, provide any
advisory services recommendations, or market or arrange any contract of insurance.
Web aggregator Web aggregators compile and provide information about insurance
policies of various insurance companies on a website.
Rating agencies Rating agencies play an increasingly important role in the capital markets
today, by providing an independent assessment and opinion on the overall
financial capacity or credit worthiness of financial institutions that issue
a broad range of capital market instruments, such as debt obligations,
securities, etc.
Market associations The main function of such associations is to protect, promote and advance
the common interest of their members.
Professional bodies A professional body is usually a non-profit organisation that exists to
further the interests of a particular profession, by representing the views
of that profession and its members in matters of public and professional
interests.
Financial Industry Disputes • Affordable and accessible one-stop avenue for consumers to resolve
Resolution Centre (FIDReC) their disputes with financial institutions. It also streamlines the dispute
resolution processes across the entire financial sector of singapore.
• Affordable avenue for consumers who do not have the resources to go
to court or who do not want to pay hefty legal fees. It is staffed by full-
time employees familiar with the relevant laws and practices.
Jurisdiction of FIDReC • For claims between insureds and insurance companies: up to
S$100,000 per claim.
• For disputes between banks and consumers, capital market disputes
and all other disputes: up to S$100,000 per claim.
Dispute resolution process of • Mediation (1st Stage).
FIDReC • Adjudication (2nd Stage).
5
CHAPTER
02
SET TING LIFE INSURANCE PREMIUM
$
BILL
BILL
$$
BANK
PAY
6
CHAPTER
03
CL ASSIFICATION OF LIFE
INSURANCE PRODUCTS
7
Contractual (non-contributory) It is a type of Group Insurance policy where all the eligible employees will
plan be contractually covered under the plan, and the premiums are paid by
the employer.
Voluntary (contributory) plan It is a type of Group Insurance policy. It does not require full participation
from the employees who are expected to pay part of the premiums.
However, the insurer will normally require a minimum number of
employees participating in the plan.
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CHAPTER
04
TRADITIONAL LIFE
INSURANCE PRODUCTS
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Limited Premium Payment Whole A type of Whole Life Insurance for which premiums are limited by contract
Life Insurance to a specified number of years. The extreme end of the limited-payment
policies spectrum is the single-premium Whole Life Insurance policy.
Endowment Insurance A type of life insurance that is designed to pay out the death benefit when
the life insured dies during the policy term, or the maturity value, which
will be equal to the death benefit, if he survives to the end of the policy
term. It combines insurance protection with a savings element for the
policy owner. An Endowment Insurance policy has a fixed maturity date.
The maturity date is when the policy term expires and the full maturity
value will be paid out to the policy owner if he survives to maturity.
Cover page In relation to a life policy, means a document highlighting the key
information from the policy illustration and the product summary, which is
prepared by a direct life insurer pursuant to this Notice No: MAS 318.
Product summary In relation to a life policy, means a summary setting out the principal
features of the life policy, which is prepared by a direct life insurer
pursuant to this Notice No: MAS 318.
Bundled product disclosure In relation to a bundled product, means a document highlighting the
document principal features of the bundled product and contrasting that against
the most comparable term life insurance product, which is prepared by a
direct life insurer pursuant to this Notice No: MAS 318.
Product Highlights Sheet In relation to an investment-linked policy, means a product highlights
sheet prepared by a direct life insurer in accordance with the Notice on
Investment-Linked Policies [MAS Notice 307].
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CHAPTER
05
RIDERS (OR
SUPPLEMENTARY BENEFITS)
12
CHAPTER
06
PARTICIPATING LIFE
INSURANCE POLICIES
13
CHAPTER
07
INVESTMENT-LINKED LIFE INSURANCE POLICIES
(ILPS): TYPES, FEATURES, BENEFITS AND RISKS
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Back-End Loading Under a back-end loaded plan, 100% of the premiums are allocated to
purchase units from the start. To help insurers defray distribution and
administration costs, back-end charges are imposed if the policy owner
wishes to surrender his plan, in whole or in part, within a certain time.
Forward pricing Forward pricing is the most widely used pricing model in the local
insurance industry. It basically means that the number of units that are
purchased from the underlying investment sub-funds shall be determined
by reference to the offer price established on the next valuation date. In
essence, it means that the next available offer price after the premium has
been paid.
Sub-Fund Management Fee A sub-fund management fee is paid to the fund manager for portfolio
supervision and for general management of the sub-fund affairs. Such
fee also serves to compensate the manager for the expenses incurred
in providing the relevant services. There will normally be a sub-fund
management charge likely to range from 0.5% to 2% per annum. The level
of this charge will depend on the competition, the type of assets under
management, and the profit requirements of the life insurers.
Benefit / Insurance Charges These are charges incurred by the client for the insurer to provide
coverage for certain events like death, total and permanent disability or
critical illness, etc. occurring during the policy period of insurance for the
ILP.
Policy Fees These cover the administrative expenses of setting up the policy, as well as
the regular running expenses of administering the policy.
Administrative Charges These cover the initial expenses of the policy. The cost of administration is
incurred largely to provide record-keeping and transaction services.
Surrender Charges Surrender charges or back-end loads are the charges that a client would
incur should he decide to cash out a portion or all of his units before a
certain period of time. This serves to compensate the insurer for the costs
incurred in the setup and the administration of the policy. Surrender
charges are usually a percentage of the total surrender value that a client
will be cashing out or surrendering. The charges usually decrease from the
first year onwards.
Dollar Cost Averaging Dollar cost averaging simply means investing the same dollar amount in a
sub-fund at regular intervals, regardless of the sub-fund price fluctuations.
By regularly investing specified amounts of money over a period of time,
the policy owner is able to capitalise on market cycles, by purchasing more
units when prices are low and fewer units when prices are high.
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CHAPTER
08 INVESTMENT-LINKED
SUB-FUNDS
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Capital Guaranteed Funds With Capital Guaranteed Funds, policy owners are offered a combination
of security, as well as investment opportunity. Capital Guaranteed Funds
are funds that promise to return a minimum amount, usually after a
certain period of time, or at some particular points of time.
Managed Portfolios Managed Portfolios (also known as Risk Rated or Lifestyle Funds) come
with a pre-set mix of funds. Depending on the objective of the portfolios,
the investment manager will then decide on the amount of investment to
be put into an Equity Fund and / or Fixed Income Fund.
Switching Facility The switching facility allows a policy owner freedom to move part or all
of his money from one fund to another. Such switching usually does not
incur any cost, and the units are transacted at bid to bid price. When
selecting or switching an investment-linked sub-fund, it is important that a
policy owner takes his risk profile, investment objective and time horizon
into consideration. Normally, a policy owner will be entitled to a limited
number of switches in a year, without incurring charges.
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CHAPTER
09 INVESTMENT-LINKED LIFE INSURANCE
P OLICIES: COMPUTATIONAL ASPECTS
The TVM concept can be used to calculate present and future income
streams of a plan, e.g. the value of a series of monthly premium
payments. Complex problems that involve uneven cash flows or payment
frequency can also be analysed using the TVM concept.
The Role Of Interest Interest can be viewed as the cost of “renting” money, and is paid by the
borrower to the lender.
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Nominal interest rates Nominal interest rates are quoted when the effects of compounding is not
taken into consideration. “Nominal” actually means “in name only”. For
example, when a bank quotes you an interest rate, it quotes a nominal
interest rate, say 6% per annum.
Effective Interest Rates The interest rate that includes the effects of compounding is known as
the effective interest rate. The effective rate of interest is greater than the
nominal rate of interest because of the effects of compounding.
Basic Time-Value Formula The basic formula for computing the future value of a single sum of
money is as follows:
FV = PV x (1 + i) n
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CHAPTER
10 ANNUITIES AND OTHER LIFE
INSURANCE PRODUCTS
20
Fixed Period Payments This product provides annuity payments until the expiry of a specified
period or the annuitant dies, whichever occurs first.
Fixed Amount Payment This product provides annuity payments until the total payments exceed a
specified maximum amount or the annuitant dies, whichever occurs first.
This product may also have a guarantee period or refund option.
Single Life Annuity The payment of annuities is dependent on one life. This is the most
common form of annuity.
Joint Life Annuity A Joint Life Annuity provides that the periodic benefits will be paid only for
as long as both of two designated annuitants are alive. The payment ends
when one of the joint annuitants dies.
Joint And Survivor Annuity Also called a Joint and Last Survivor Annuity, provides periodic benefits
to two or more individuals with financial relationships, e.g. parents plus
a disabled child. Very often though, they are purchased by couples. The
benefits under this annuity continue until both or all the individuals die.
There are many variations of such an annuity.
Increasing Rate Annuity An increasing rate annuity increases each year at a certain percentage, e.g.
1% or 2% simple interest. This type of annuity is useful for hedging against
inflation, but is rarely offered.
Universal Life insurance (UL) ULs do not have minimum cash value guarantees. Their premiums are
not level. They are also not “participating” policies, so the insureds do not
have a right to benefit from the life insurance companies’ participative
funds earnings. UL is a form of life insurance which offers the insured a
form of term life cover, as well as an element for cash value buildup. It
offers flexibility to the insured in terms of premium allocation, premium
payable, amount of sum assured (subject to the insurer’s approval), costs
and also other extra features, as compared to the traditional Whole Life
Insurance.
Minimum Credit interest The insurer guarantees an interest rate to the insured for amounts in the
cash value account.
No-Lapse feature This feature allows the UL to be in-force even if the cash value of the UL is
zero and the insured is not required to top up any money at all.
Premium Financing Premium financing is the borrowing of funds from a financial institution
to cover the cost of a policy. The funds borrowed is to be paid back in
instalments to the financial institution. As most ULs will have cash value
from Day One of the policy owing to the lump sum payment received
upfront, this Day One cash value provides a “collateral” which allows
premium financing for UL to be carried out.
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CHAPTER
11 APPLICATION AND
UNDERWRITING
22
Letter Of Conditional Acceptance If the underwriter proposes to accept the case on terms other than
standard, the insurer sends the proposer a letter of conditional
acceptance, stating the proposed sub-standard terms. In this case, the
proposer is required to sign and return the letter and pay the premium (or
additional premium) within a limited time frame, in order for the cover to
be effected and the policy to be issued to him. The policy will contain an
endorsement or appendix specifying the additional terms.
Selection process for Group Life The underwriter assesses the risk based on a number of factors which
Insurance include the:
• group’s reason for existence;
• group stability;
• group size;
• nature of group’s business;
• employee classes;
• level of participation;
• age and gender within the group;
• expected persistency; and
• previous claims experience.
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CHAPTER
12
P OLICY SERVICES
However, the policy owner has to pay all the arrears of premium with
interest on the policy. Note that for any regular premium ILP, the policy
owner also has to pay the fees or charges required by the insurer for the
reinstatement of the policy.
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Surrendering Of Policy According to Section 60(1) of the Insurance Act (Cap. 142), insurers must
pay surrender values (if any) for life policies which have accumulated cash
values and have been in force for a minimum of three years.
Alternatives To Surrendering Of Some alternatives to surrendering of policy as follows:
Policy • Apply for a policy loan;
• Change to a more frequent premium payment mode (e.g. from
annually to monthly premium payment);
• Surrender only the bonuses for cash;
• Convert to a paid-up policy;
• Convert to an extended Term Insurance policy;
• Reduce the premium payable by reducing the sum assured; or
• Apply for premium holiday (applicable only to selected ILPs).
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CHAPTER
13
LIFE INSURANCE CL AIMS
27
CHAPTER
14
THE INSURANCE CONTRACT
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Parties Of The Same Mind This term means in complete agreement of mind. In any contract, the
(Consensus Ad Idem) parties must be ad idem – of the same mind – as to the subject matter of
the contract. In ordinary commercial contracts, each party is deemed to
be equally able to assess the merits of the bargain offered. As long as a
seller makes no misrepresentations, they are under no duty to the buyer
to express any opinion about what is offered for sale.
caveat emptor let the buyer beware
Duty Of Disclosure The proposer must disclose all material facts known by them to the
insurer.
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CHAPTER
15
L AW OF AGENCY
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Usual Authority An agent has the usual authority to explain the meaning of the questions
in a proposal form and the terms as listed in the policy contract. However,
he does not have the usual authority to enter into, renew or revive
any contract of insurance on behalf of the insurer. In addition, he does
not have the usual authority to vary any of the terms of the insurance
contract, or waive any of its conditions.
Apparent Or Ostensible Authority Apparent authority is created when the agent acts without actual authority
from the principal, but a third party reasonably believes that actual
authority exists. This can happen when the principal allows conditions
to exist that lead a third party to reasonably believe that actual authority
exists. The important distinction between apparent and actual authority is
that apparent authority is determined by the reasonable perception of the
third party.
Ratification Of A Contract When an agent acts outside his scope of authority, the principal is not
bound by the act. However, there may be circumstances, whereby the
principal may wish to accept the unauthorised act and retroactively (from
a date in the past) to claim that the person is his agent when carrying out
the act. This act of the insurer is known as ratification, which means the
validation of an unauthorised act. It may be done in an express manner,
either in writing or orally, or may be implied from conduct.
Revocation The parties to an agency agreement may terminate the agency by way of a
revocation (cancellation) by the principal.
Renunciation The parties to an agency agreement may terminate the agency by way of a
renunciation (giving up the right) by the agent.
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CHAPTER
16 INCOME TAX AND
LIFE INSURANCE
34
CPF Cash Top-Up Relief The “CPF cash top-up relief” encourages individuals to save for their
retirement and that of their dependants into the respective CPF Special/
Retirement Account.
Course Fees Relief Course fees relief” is given to encourage an individual to continuously
upgrade himself, so as to enhance his lifelong employability. The relief is
targeted at those who are or have been gainfully employed.
Foreign Maid Levy Relief “Foreign maid levy relief” is a relief given to encourage married women to
remain in the workforce and to also encourage procreation.
Supplementary Retirement SRS is a voluntary scheme introduced by the Government to encourage
Scheme (SRS) Relief individuals to save more for retirement on top of the contributions made
to the CPF.
Parenthood Tax Rebate Parenthood tax rebate is a rebate given to married Singapore resident
individuals, to encourage them to have more children. Rebates are given
only if the child is a Singaporean. The rebate can be used to offset the
income tax payable of the parents, in any proportion as agreed by the
spouses. Any rebate unutilised can be carried forward to offset against
future tax payable of the parents.
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CHAPTER
17 INSURANCE NOMINATION,
WILLS AND TRUSTS
The individual employee does not have a policy with the insurer, but the
benefits of the master policy will go to him as a form of employee benefit.
As the policy owner (the organisation) is also not the life insured in such a
case, insurance nomination is not allowed for any group insurance policy.
Trust Nomination When the policy owner makes a trust nomination at the time of buying a
policy or at any time after the policy is issued, he will lose all rights to the
ownership of the policy. This means that all proceeds (living benefits and
death benefits) from the policy now belong to the nominees whom he
named. While he is still obliged to pay the premiums for the policy, all the
benefits of the policy belong to the nominees. Only a policy owner who is
at least 18 years old can make a trust nomination.
Revocable Nomination When a policy owner makes a revocable nomination, he will continue to
retain full rights and ownership over the policy. This means that he can
change or revoke a nomination at any time, without needing the written
consent of the nominee or nominees. Only death benefits from the policy
will be payable to the nominees. All living benefits will be paid to the
policy owner. Hence, revocable nominations offer the benefit of maximum
flexibility to the policy owner.
Wills A Will is basically a legal document that is executed by an individual (called
the “testator”), which sets out how his estate should be managed and the
assets distributed when he should pass away. The Will takes effect only
on the death of the testator. He is free to change the Will as and when he
likes, and as many times as he wants, up until the point of death.
Grant Of Probate A grant of probate must be obtained from the Court to enable the
executor to administer the deceased’s estate, according to the directions
as contained in his Will.
Executor An executor is the person nominated to administer the deceased’s estate
according to the Will. If the executor is a female, she is called an executrix.
The executor can be a beneficiary under the Will or some disinterested
party, e.g. a solicitor, a banker or friends, etc.
Trust A trust is in essence an agreement between a settlor, the person who
settles property into the trust, and the trustee, the person to whom the
property is transferred. The trust property would be held by trustees “in
trust for” the beneficiaries. The beneficiaries of the trust are, therefore,
the people who will receive the benefit of the income and / or capital of
the trust fund.
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Express Trust “Express trusts” in a wide sense to cover situations, where there is an
express intention to create a trust over a life policy (which intention is
not required for a statutory trust). In strict law, there would be three
certainties which are required, namely, certainty of words, certainty of
subject matter and certainty of objects. In simple English, the intention
to create a trust should be clear, and the beneficiaries should be
ascertainable.
Implied Or Resulting Trust A trust may be implied or may “result” in certain situations with regard to
life policies.
Constructive Trusts This is an area of the law where we can find no decisions directly relating
to life insurance companies. However, the same principle that has been
applied to banks may be applied i.e. in certain circumstances, a life
company may be a constructive trustee of the moneys in its hands that
belong to a customer or his estate .
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