The owner of a life insurance policy is the person who has control over all of the policy’s rights. These rights include the right to change beneficiaries, the right to transfer ownership to another party, and the right to make material changes to the life insurance policy. Material changes may include lowering a death benefit, adding or deleting a rider, or requesting a rating change for the insured person. The owner is not necessarily the same person as the insured person, and while the owner of a policy may change, the insured person can never change.
What Is The Owner Entitled To?
The owner is entitled to 100% of the cash value of a life insurance policy. While the payer of the policy premiums does not necessarily have to be the owner, the value becomes the owner’s to control. The owner is the only person who can take withdrawals or loans from a policy, and the only person that can collaterally assign a policy for any purpose. The owner is also the only person who can surrender the contract, regardless of whether or not the insured person wishes the policy to exist.
Who Can Be An Owner
An owner can be a single person, two people, or a corporation or trust. An owner can also be a township or a non profit. Any legal entity has the right to own life insurance by law. It is common for companies to own life insurance policies on their employees, especially key employees to the company to protect against the cost of replacing them if they were to die unexpectedly.
Trust own policies are common for wealthy clients, who use the trust to maximize tax efficiency when passing assets to other generations.
Owner Decides Beneficiaries
The owner of a life insurance policy is the person who decides who the beneficiaries of the death claim will be. The owner is the only person who can change beneficiaries (as long as they are not irrevocable beneficiaries) and permission does not need to be taken from the old or new beneficiaries to enact the change.
Life Insurance Is An Asset For The Owner
A life insurance policy is an asset for an owner, just like any other financial asset. The value may be taxable if transferred, and a life insurance policy must be listed as a major asset for any legal purpose. The only time a life insurance policy is not an asset is when the insurance is term coverage, as there is no cash value.
Owner Can Sell Policy In Viatical Settlement
The owner is able to sell a policy for a percentage of the policies face value to a third party, before the insured person passes away. This is known as a viatical settlement. Only the owner has this right, and does not need permission from beneficiaries or the insured person.
Owner Of Policy Can Be Same As Insured But Not Always
The owner of a life insurance policy can be the same person as the insured, but this is not necessarily the case. In fact it is not tax efficient for the policy to be set up this way, because when the owner and the insured person are the same the death benefit becomes taxable. If the owner and insured person are different, the benefit is not taxable as long as the owner and insured have been different for at least 3 years. Sometimes to avoid this issue ownership is given to a trust, and usually the same trust is also listed as a beneficiary of the death claim.
Owner Can Make Trades In A Variable Universal Life Insurance Policy
A variable universal life insurance policy has different investment options, known as “sub-accounts”. The allocation of money into each sub-account is chosen by the owner, and only the owner has the right to reallocate money within the contract.
Owner Must Have Insurable Interest In Insured Person
In order to maintain ethical uses for life insurance, laws require that an owner have what is known as an “insurable interest” or must be a direct family member, to the insured person. This means that the owner must have a financial interest in the insured person living, such as a parent who invests in a child’s education, or a spouse who may depend in part on the income of the insured. An insurable interest is a very broad definition, and encompasses many types of relationships, professional, familiar, and others.
The biggest fact to keep in mind is that the owner has all the control over a life insurance policy. The owner has rights to the cash value, decides the beneficiaries, and can keep the policy active or not at their discretion. The owner and insured person can sometimes be the same, but are not necessarily the same person. A policy can be owned by different types of entities.