Trustee not Liable for Lapse of Life Insurance

The trustee’s final account showed that the $10 million life insurance policy owned by the trust lapsed when the obligation of the employer to pay premiums under the split dollar agreement ended, the cash surrender value of the policy was exhausted, the trust had no funds to pay premiums, and the settlor did not wish to make additional contributions to the trust for the payment of premiums. The objections to the account were dismissed because: the trustee acted in good faith when it complied with the wishes of the settlor and the settlor’s family in exchanging a $5 million joint-and-survivor life insurance policy subject to a split dollar agreement for a $10 million policy, and so complied with the standard of care in the trust agreement; the trustee violated an agreement to annually review the policy, but no harm was done because the settlor conducted annual reviews with which the trustee cooperated; the trustee was insulated from liability under 20 Pa.C.S. 7208, which states that a trustee who acquires or retains a contract of insurance on the life of the settlor or the settlor’s spouse is without liability for failing to determine whether the contract is or remains a proper investment; and the objectors failed to show that the original $5 million policy would have become self-sustaining without additional premiums, and so no damages were proven. Gardner Trust, 2 Fid.Rep.4th 269 (Cumberland O.C. 2023).

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