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Frequently
Asked Questions
What
is a Viatical and/or Life Settlement?
A
Viatical and/or Life Settlement is the sale to a third party of
an existing life insurance policy for more than its cash surrender
value but less than its net death benefit. The industry generally
uses the term “Viatical Settlement” to refer to a transaction
involving a terminally or chronically ill insured and a “Life
Settlement” to refer to a transaction involving an insured
who is not terminally or chronically ill, and generally over the
age of sixty-five (65). However, these terms are not consistently
used in this manner. For example, some states in the USA use the
term “Viatical Settlements” to refer to the sale of
all life insurance policies, regardless of whether or not the insured
is terminally or chronically ill. At least one state in the USA
uses the term “Life Settlements” to refer to all transactions,
including those in which the insured is terminally or chronically
ill.
How
can you give a higher return than other "investment funds"
offering Life Settlements?
By
buying directly from easy Life Settlements you are cutting out the
fund "managers", and so there are no additional costs
of brochures, marketing, administration and regulation. Also, by
buying part - or all - of a policy from eLS, in the event of the
early demise of the Life Assured, you will receive your payment
immediately, providing you with a much larger overall return. In
a fund, the policies are owned by the fund and in the event of an
early demise of a policy holder, the sum assured is paid into the
fund, and not distributed directly to you.
Is
there any advantage to me of lodging my money with your company
before you have a suitable policy for me or before I decide on which
policy to purchase or part-purchase?
Finding
suitable policies for our portfolio is challenging, and it means
that money must be instantly available for purchase. If a suitable
policy is offered to us, unless we have available cash immediately,
the opportunity to purchase may be taken up by someone else. In
order to ensure we have every chance of purchasing suitable policies,
we have set up a facility - known as our early
purchase option - for interested third parties to
place money on deposit in our escrow account. As an incentive to
do this, (1) they will receive the appropriate deposit interest
(2) they will have first refusal on any new policies offered for
sale in the portfolio and (3) they will receive an extra 0.5% per
annum return on capital on any policies purchased or part purchased
through us up to the limit of the sum deposited. There is no requirement
to purchase, and funds can be removed from the escrow account at
any time subject to a small handling fee.
Who
regulates Viatical and/or Life Settlements?
In
the USA, Viatical/Life Settlements are regulated by state Insurance
Departments. Some states have enacted statutes addressing the sale
of life insurance policies insuring non-terminally or chronically
ill individuals and some only have laws that regulate the sale of
life insurance policies insuring terminally or chronically ill individuals.
Other states do not regulate the transactions at all. Of those states
that regulate the transaction, most require both the Viatical/Life
Settlement Broker (facilitator of the transaction) and Viatical/Life
Settlement Provider (purchaser of the policy) to be licensed. Please
click here
for detailed state by state information.
Outside the USA, there appears to be no regulation applying.
Is
this ethical? Are you taking advantage of people who sell their
policies?
There
are many reasons why a policyholder would want to either stop paying
premiums early - which often means losing the policy benefits -
or to release some of the money tied up in the policy before it
"matures". As explained before,
insurance companies are not at all generous in those circumstances,
and the life settlement industry provides a genuine and valuable
service by providing higher payouts to the policy owners than they
could otherwise obtain from the insurers.
What
are some of the reasons why people might consider the sale of their
policies?
- The
policy is no longer needed or wanted
-
To
pay for healthcare costs
- Premium
payments have become unaffordable
- As
an alternative to a lapse or surrender of the policy
- Change
in estate planning needs
How
much money will an insured person receive by selling a life insurance
policy?
The
value of a life insurance policy is determined by a number of factors,
including, but not limited to, the age and medical condition of
the insured, the type of insurance policy, the rating of the issuing
insurance company and amount of premium payments to keep the life
insurance policy in force.
What
types of life insurance policies can be sold?
Most
types of life insurance policies can qualify, however, the most
common are Universal Life, Whole Life, and convertible Term Life.
It is also vital that the rights to the policy proceeds are assignable.
After
the insured sells the policy, are there any restrictions on how
the money can be used?
No,
there are no restrictions on the use of the funds, which provides
a valuable service to the policy owner - see "reasons
for sale" above.
Are
the proceeds of a Viatical/Life Settlement taxable to the vendor
(the insured)?
In
the USA, the proceeds are tax-free up to the amount paid in premiums
during the life of the policy. Whether or not the balance of the
proceeds will be taxed depends on the specific circumstances of
the insured.
What
happens to the policy after it is sold?
All
rights and obligations of the policy are transferred to the new
owner - for example easy Life Settlements
LLC - who then lodge their interest with the insurance company
and assume responsibility for making premium payments on the policy.
easy Life Settlements may then name
new beneficiaries of the policy who will collect the proceeds upon
the death of the insured.
What
is the tax position with regard to any gain made by purchasers of
part or all of a life settlement?
As
a company trading in a portfolio of Life Settlements, easy Life
Settlements will pay tax at the normal corporate rate applying.
For individual purchasers of part of a life settlement portfolio,
any tax that may be payable will depend upon the residence and domicility
of the individual, together with their individual financial circumstances.
Purchasers should take professional advice, but our view is that
should any gain be taxable, the tax will be a capital tax rather
than an income tax.
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