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When an ILIT Makes Sense for Your Estate Plan

Written by EP Wealth Advisors | October 6, 2025

An ILIT may help reduce estate taxes, provide liquidity, and support multigenerational wealth planning. Explore when it might make sense for your estate plan. 

When an ILIT Makes Sense for Your Estate Plan

An Irrevocable Life Insurance Trust (ILIT) can be a powerful tool for high-net-worth individuals looking to manage estate taxes, provide liquidity to their estate, and gain more control over how wealth is distributed across generations.

While an ILIT can offer several potential advantages, whether it’s the most optimal choice depends on your unique financial circumstances and estate planning goals. It’s important to consult with qualified professionals before taking action.

Potential benefits of an ILIT include:

  • Life insurance proceeds excluded from your taxable estate
  • Liquidity to cover estate taxes or other obligations
  • Customized distribution of proceeds to beneficiaries
  • Creditor protection for trust assets
  • Multigenerational wealth transfer planning

Timing Matters

When an ILIT Might Make Sense

1. Your Estate Exceeds Federal Exemption Limits

The federal estate tax exemption is $13.99 million per individual in 2025. If your estate exceeds this amount, your heirs could face a significant estate tax burden. When life insurance is owned personally, the death benefit is typically included in your taxable estate.

By placing a life insurance policy inside an ILIT, those proceeds can be removed from your estate for tax purposes. This approach may offer a way to reduce estate tax exposure and help preserve assets for your beneficiaries. Also, some states have a state-level estate tax at even lower than Federal exemption limits making an ILIT attractive in those states.

2. You Need Liquidity to Cover Estate Expenses

Some estates are rich in assets like real estate or business interests but lack the cash needed to cover estate taxes, legal fees, and administrative costs. This can force heirs to sell valuable assets under pressure.

With an ILIT, the life insurance policy provides a source of liquidity that can be used to help pay estate obligations without compromising long-term investments or family holdings.

3. You Want to Control How and When Beneficiaries Receive Funds

Life insurance payouts are typically provided in a lump sum. An ILIT gives you more control by allowing you to structure how and when proceeds are distributed. This can be particularly helpful when:

  • Providing for minor children or individuals with special needs
  • Protecting assets from mismanagement
  • Distributing funds in stages based on age, milestones, or other conditions

Trust terms can be tailored to reflect your goals and help support beneficiaries over the long term.

4. You Want to Protect Assets from Creditors

Assets held in an ILIT are generally protected from the creditors of your beneficiaries, as long as the trust is properly structured and administered. This added layer of protection may be especially relevant if your heirs are involved in litigation, divorce, or have financial vulnerabilities.

5. You’re Planning for Generation-Skipping Transfers

If you plan to leave assets to grandchildren or future generations, an ILIT can be structured to take advantage of the generation-skipping transfer (GST) tax exemption. This allows for efficient wealth transfer beyond your children, potentially minimizing estate taxes across multiple generations.

Personally Owned Life Insurance vs. ILIT-Owned Policy 

Important Considerations Before Setting Up an ILIT

Irrevocability of the Trust

Once you create and fund an ILIT, you typically cannot revoke or modify it. You give up ownership and control of the life insurance policy, and the trust becomes a separate legal entity. That’s why it’s critical to be confident in your long-term intentions and structure the trust carefully from the start.

The Three-Year Rule for Existing Policies

If you move an existing life insurance policy into an ILIT and pass away within three years of the transfer, the IRS may still include the policy’s death benefit in your taxable estate.

To potentially avoid this outcome, the ILIT can be created before any life insurance is purchased. Once the trust is established, the trustee purchases a new life insurance policy on behalf of the ILIT, using funds the grantor contributes to the trust. Because the ILIT is the original owner of the policy, this approach generally avoids the three-year rule if set up and administered correctly.

Administrative and Compliance Requirements

ILITs require ongoing management. Trustees must follow certain procedures, such as issuing Crummey notices to beneficiaries when gifts are made to the trust to cover insurance premiums. These compliance steps are essential to preserve the trust’s tax benefits and should be handled carefully.

 Potential Benefits of an ILIT 

Is an ILIT Right for You?

ILITs can be highly effective, but they aren’t the right fit for every estate plan. A financial advisor can play an important role in helping you evaluate whether an ILIT aligns with your broader financial picture. This includes:

  • Integrating the ILIT with your overall estate plan, including other trusts, charitable strategies, and tax planning techniques
  • Collaborating with estate attorneys and tax professionals to design and administer the ILIT properly
  • Assessing suitability based on liquidity needs, estate size, family dynamics, and long-term goals
  • Exploring related strategies such as business planning if your estate includes ownership in a company or real estate holdings

Because ILITs are complex and carry long-term implications, it’s wise to work with a team of advisors who can guide you through the decision-making process and help you build a plan that reflects your values and legacy goals.

If you're considering an ILIT, EP Wealth’s estate planning advisors can help you explore whether this strategy fits your financial goals and how it can complement your broader legacy planning.

 

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