Settlor's spouse/civil partner as beneficiary

Is there a danger in a life assurance company's template discretionary trust including in the list of potential beneficiaries the settlor's spouse/civil partner as opposed to the settler's widow(er)/surviving civil partner?

I note that some older trust wordings use the latter form.

Comments

  • @Sean_Fernyhough said:
    Is there a danger in a life assurance company's template discretionary trust including in the list of potential beneficiaries the settlor's spouse/civil partner as opposed to the settler's widow(er)/surviving civil partner?

    I note that some older trust wordings use the latter form.

    I should have said the former form of words.

  • Assuming you are using it for IHT effectiveness then the answer is no unless you use it as a mechanism to directly or indirectly benefit the settlor.

    Some standard templates allow you to exclude spouse so they do not become a beneficiary until they are a widow.

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