Top

Life Insurance Denials Involving Trusts and ILITs

|

Life insurance policies owned by trusts are supposed to simplify estate planning. Instead, they often create a new layer of complexity when a claim is filed.

Families are frequently shocked to learn that the presence of a trust, especially an Irrevocable Life Insurance Trust, can trigger delays, investigations, or outright denials. Insurers treat these claims differently, and not in the beneficiary’s favor.

Trust-owned policies are among the most commonly contested high-value life insurance claims.

Why Trust-Owned Policies Get Extra Scrutiny

When a life insurance policy is owned by an individual, the claims process is usually straightforward. When a trust owns the policy, insurers slow down.

Trust structures introduce questions insurers can exploit, such as:

Who has authority to file the claim
Whether the trust was properly formed
Whether ownership and beneficiary designations were correct
Whether premium payments complied with trust terms
Whether the policy was transferred correctly

Each of these issues gives insurers an opportunity to delay payment or dispute coverage.

Common Denial Arguments Involving Trusts

Life insurance companies rely on a predictable set of arguments when denying trust-related claims.

These often include:

Alleged lack of insurable interest
Improper ownership or assignment of the policy
Defects in trust formation documents
Trustee authority being questioned
Premiums paid by the wrong party
Failure to follow ILIT funding procedures

In many cases, these arguments focus on technicalities rather than the intent of the policy or the legitimacy of the trust.

ILITs Are a Frequent Target

Irrevocable Life Insurance Trusts are designed to remove life insurance proceeds from a taxable estate. They are widely used and legally recognized.

Despite this, insurers often treat ILITs as suspicious structures rather than standard estate planning tools.

Insurers may argue that:

The trust was not properly executed
The insured retained too much control
The policy transfer violated policy terms
The trust existed only on paper
Premium gifts were improperly handled

These claims can be alarming to trustees and beneficiaries who relied on professional estate planning advice.

The Role of Ownership and Assignment Issues

Ownership mistakes are one of the most common issues insurers raise.

Even small timing issues, such as when a policy was transferred into a trust, can be used as grounds for denial. Insurers may claim that the trust did not own the policy at inception or that the assignment was ineffective.

What insurers often ignore is whether these issues actually affected risk or underwriting. Courts frequently focus on substance over form, while insurers focus on technical leverage.

Trustee Authority Disputes

Insurers sometimes refuse to pay claims by questioning whether the trustee has authority to act.

This can involve demands for:

Certified trust documents
Amendments and restatements
Trustee appointment records
Legal opinions

While some documentation is reasonable, excessive demands are often used to delay payment rather than clarify authority.

Premium Payment Issues

Another common tactic involves premium funding.

Insurers may argue that premiums were paid by the insured personally rather than by the trust, or that gifts to the trust were not properly documented.

These arguments are frequently overstated. The source of premium funds rarely changes the validity of coverage, yet insurers rely on these points to justify denial.

Why These Denials Feel Especially Unfair

Trusts are often created with professional guidance. Attorneys, accountants, and financial advisors are involved.

When an insurer denies a claim based on trust issues, families feel blindsided. They relied on experts and complied with estate planning norms, only to be told after death that something was wrong.

This disconnect fuels many high-stakes disputes.

How These Claims Are Evaluated Legally

Trust-related life insurance denials are not simply administrative matters. They involve contract law, trust law, and insurance law.

Courts often examine:

Whether the trust had an insurable interest
Whether alleged defects were material
Whether the insurer waived objections by accepting premiums
Whether the insurer acted consistently with policy terms

Many denials collapse once these questions are addressed directly.

Why Legal Review Is Critical

Trust and ILIT denials are rarely resolved through routine claims handling. Insurers expect beneficiaries and trustees to be unfamiliar with the intersection of trust law and insurance contracts.

A life insurance lawyer experienced in trust-owned policies can identify when an insurer is stretching technical arguments beyond what the law allows.

In many cases, firm legal pressure leads to payment without litigation.

Final Thoughts

Life insurance policies held in trusts are meant to provide certainty, not conflict. Unfortunately, insurers often see trusts as an opportunity to contest high-value claims.

A denial involving a trust or ILIT does not automatically mean something was done wrong. Many of these denials are based on technical arguments that do not hold up under legal scrutiny.

For trustees and beneficiaries facing a delayed or denied claim, careful legal review can make the difference between prolonged uncertainty and the recovery of benefits that were intentionally planned and paid for.

Do You Need a Life Insurance Lawyer?

Please contact us for a free legal review of your claim. Every submission is confidential and reviewed by an experienced life insurance attorney, not a call center or case manager. There is no fee unless we win.

We handle denied and delayed claims, beneficiary disputes, ERISA denials, interpleader lawsuits, and policy lapse cases.

  • By submitting, you agree to receive text messages from at the number provided, including those related to your inquiry, follow-ups, and review requests, via automated technology. Consent is not a condition of purchase. Msg & data rates may apply. Msg frequency may vary. Reply STOP to cancel or HELP for assistance. Acceptable Use Policy