What Is a SLAT (Spousal Lifetime Access Trust)?
A spousal lifetime access trust (SLAT) is a specific type of trust that’s designed to help married couples reduce estate taxes while retaining access to their assets. Trusts can serve as a tool to help you preserve your wealth and potentially minimize some of your tax burden when planning your estate. A SLAT trust is established by one spouse for the benefit of the other and may be particularly appealing to higher-net-worth couples with larger estates.
Key Points
• A SLAT allows one spouse to transfer assets to a trust for the benefit of the other spouse.
• Assets transferred to a SLAT are removed from the grantor’s taxable estate, potentially lowering estate taxes.
• The recipient spouse can access trust assets, providing financial flexibility and support.
• Gift tax may apply if the transferred asset value exceeds the annual exclusion limit.
• Once assets are placed in a SLAT, they become irrevocable, and the grantor loses direct control over them.
Understanding the Basics of a Spousal Lifetime Access Trust
What is a SLAT? As noted, it’s an irrevocable trust that’s created by a grantor (spouse A) for a beneficiary (spouse B). If the grantor wishes to include additional beneficiaries, such as children or grandchildren, they have the flexibility to do so.1
In effect, a SLAT can be an addition to your overall financial plan, along with your saving and investing activities. To fund the trust, the grantor must transfer ownership of assets that will be held in trust to a trustee. This trustee has a fiduciary duty to manage the trust according to the grantor’s wishes and in the best interests of the beneficiary or beneficiaries. Spousal lifetime access trust can hold a variety of asset types, including:
• Real estate
• Bank accounts
• Individual shares of stock
• Bonds
• Life insurance policies
An irrevocable SLAT trust is permanent; once it’s established its terms cannot be changed. Any assets transferred to the trust cannot be removed, which is an important consideration for estate planning. If you’d prefer to have the option of changing trust terms, you’d likely need to establish a revocable trust instead.
A SLAT trust allows the beneficiary spouse to have access to those assets during their lifetime. They can draw on trust assets or any interest those assets earn for income should they need to do so.
SLAT trusts are generally protected from creditors, though state laws may vary. If your spouse, who is named as beneficiary, is sued for a debt, the creditor might be barred from attempting to attach any assets in a SLAT trust to satisfy a judgment. It may be wise to speak with a lawyer or financial professional to get a sense of your exact situation.
Key Benefits of Establishing a SLAT
Setting up a trust can be time-consuming and costly, so there typically needs to be a good reason to do it. With that in mind, it’s worth asking what advantages a spousal lifetime access trust may offer you, and maybe even thinking more about money and marriage tips that could further help you build out a comprehensive estate plan.
SLAT trusts do one simple but very powerful thing from an estate and tax planning perspective: They remove assets from the grantor spouse’s taxable estate. This means that any future appreciation of those assets is free of estate tax.
Federal tax rules allow for annual gift tax exclusions, as well as lifetime gift and estate tax exemption. The annual gift tax exclusion allows you to make gifts up to a certain threshold, without triggering gift tax.
• For 2024, the annual gift tax exclusion limit was $18,000.
• For 2025, the limit is $19,000.
These amounts double for married couples. So, if you have three children you could gift each one of them $38,000 in 2025 if you and your spouse agree to “split” the gift on your joint tax return.
Amounts exceeding the annual gift tax exclusion limit count against your lifetime gift and estate tax exemption. This is the amount of assets you can give away during your lifetime without triggering federal estate or gift tax.
• For 2024, the exemption limit was $13,610,000.
• For 2025, the is $13,990,000.
Again, those limits double for married couples. The current limits took effect under the Tax Cuts and Jobs Act of 2017, which is set to expire at the end of 2025. Without new legislation, the lifetime gift and estate tax exemption limit will revert to its pre-TCJA level of $5 million, which works out to about $7 million when adjusted for inflation.4
Now, here’s where the SLAT fits in. When you establish a SLAT, you lock in the gift tax value at the time assets are transferred to the trust. Funding a spousal lifetime access trust now could help you hedge against less favorable changes to the gift and estate tax exemption in the future.
How to Set Up and Fund a SLAT
A SLAT estate planning attorney can help you establish and fund your trust. They can also walk you through which assets to include and how a SLAT trust may affect your tax liability.
The basic steps in creating a SLAT trust are as follows:
• Trust creation. The first step is establishing the trust on paper. An estate planning attorney can draft the necessary documents for you. You’ll need to designate one or more beneficiaries and select someone to act as trustee. When drafting the trust document, you can include instructions for how trust assets should be managed.
• Asset selection. Once the paperwork is out of the way you can fund the trust. Here, you’ll need to decide which assets it makes the most sense to include. Your SLAT estate planning attorney might advise you to include any assets that are likely to appreciate significantly in value, as well as life insurance policies or other assets you want your spouse to have access to.
• Trust funding. If you know what you want to put into a SLAT trust, the remaining step is funding. Here, you’ll work with your attorney to transfer ownership of assets to the trustee. Remember, once assets are transferred to a SLAT trust the move is permanent.
Your beneficiary spouse can also act as trustee but you may prefer to have a third party take on this role. When choosing a trustee, look for an individual or entity that’s reliable and trustworthy. You might ask your attorney, financial advisor, or bank to handle trustee duties, depending on your situation and needs.
Tax Implications of a Spousal Lifetime Access Trust
SLAT trusts can offer some tax benefits if you’re able to reduce what you owe in estate taxes during your lifetime. Needing a trust is a sign that you’ve accumulated some wealth, which is a good thing, but there are a few important tax rules to keep in mind.
• Annual gift tax exclusion limits still apply. When you transfer assets to a SLAT trust you’re making a financial gift to your spouse. Ordinarily, gifts to spouses are not subject to gift tax but SLAT trusts are an exception. As the gifting spouse, you’re responsible for any gift tax that may be due if the value of assets donated exceeds the annual gift tax exclusion limit.
• Gifts must be reported. You’ll need to tell the IRS about the assets you’ve transferred to a SLAT trust. Gifts to the trust are reported on IRS Form 709.
• Income tax returns are required for the trust. You’ll also need to handle annual income tax filing for any income tax generated by trust assets. Income includes dividends, interest, and capital gains. The trustee should file a blank Form 1041 to let the IRS know that any trust income and/or deductions will be reported on your personal income tax return.5,6
Potential Drawbacks and Considerations
SLAT trusts may have some downsides that could make them a less-than-ideal choice for your estate plan. As you weigh spousal lifetime access trust pros and cons, here are a few things to note.
• SLAT trusts are irrevocable; if your financial situation or marital situation changes, you would be locked in to the trust terms even if they’re no longer suitable for your needs.
• Transferring your assets to a SLAT trust means you give up control of them and become dependent on your beneficiary spouse to retain a connection to them.
• If your beneficiary spouse passes away first, you lose the benefit of having indirect access to trust assets without estate tax implications.
• Any heirs who inherit assets from a SLAT trust also inherit your original tax basis, which could result in a significant capital gains tax bill if those assets have greatly appreciated.
There’s also the time and expense of setting up a SLAT trust to consider. If you have a smaller estate, it may not be worth it to create this type of trust. A different type of trust may be more appropriate if you’re not in danger of hitting the estate tax exclusion limit.
Recommended: Can You Use your Spouse’s Income for a Personal Loan?
How Does SLAT Help With Retirement?
SLAT trusts can help you create a secure retirement by creating an additional income stream, should your beneficiary spouse need one. While you would be cut off from any assets you transfer, your spouse could still draw on the interest from assets held in the trust. That income can supplement a 401(k) plan, an IRA, Social Security benefits, or any other type of retirement assets you might have.
This income is good for the beneficiary spouse’s lifetime. How valuable that is to you may depend on the size of your estate and what income streams you already have in place for retirement.
Keep in mind that if your spouse should pass away first, assets in the trust would not automatically revert to you. Instead, they would be distributed to any other beneficiaries named in the trust. You would need to ensure that you have other retirement assets to rely on in that scenario.
Recommended: Am I Responsible for My Spouse’s Debt?
SLATs vs. Other Estate Planning Tools
SLAT trusts are just one way to plan your estate. You may consider other types of trusts instead, including:
• Marital trusts
• Bypass trusts (also known as AB trusts)
• Special needs trusts
• Life insurance trusts
These types of trusts are designed to meet different needs. For example, say that you and your spouse are parents to a child with a permanent disability that prevents them from living on their own. You might establish a special needs trust to plan and pay for their care during your lifetime and after you’re gone.
At a minimum, it’s wise to have a will in your estate plan. A will is a legal document that allows you to specify how you’d like your assets to be distributed when you pass away. You can also use a will to name a legal guardian for minor children or specify care instructions for any pets you may leave behind.
Wills may not offer the same level of creditor protection as a trust and they don’t convey any tax benefits either. Wills are subject to probate whereas trusts are not so it’s important to consider what you want your estate plan to look like when deciding what to include.
Recommended: What Is a Collective Income Trust?
The Takeaway
A SLAT trust is a power estate planning tool for preserving wealth. Your financial advisor can help you weigh the advantages and disadvantages to help you decide if a spousal lifetime access trust is a good fit for your needs.
When considering how you’ll build your future estate, opening an online brokerage account is a good first step. You can create and fund your account in minutes to begin building a diversified portfolio.
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FAQ
Who can be the beneficiary of a SLAT?
SLATs are designed to benefit a spouse primarily, though you may name one or more other beneficiaries. For example, if you’d like to ensure that your wealth stays within the family you could name your children or grandchildren as beneficiaries. If your spouse passes away, the trust’s assets would be passed on to the other beneficiaries you named.
Can both spouses create SLATs for each other?
Spouses can create a SLAT trust fund for one another but doing so tends to be tricky, as you’ll need to ensure that you’re funding each one with distinct and separate assets. Each trust would also need to have a distinct structure and terms so the IRS doesn’t perceive them as being too similar in nature. In that scenario, you risk them canceling one another out and losing any anticipated tax benefits.
What happens to a SLAT in case of divorce?
Since SLAT trusts are irrevocable, divorce typically won’t change much. Your ex-spouse would remain the beneficiary and they would have access to the trust assets. None of your other beneficiary designations would change either if you added children or grandchildren to the trust. You may have to continue paying income tax on the trust income as well, unless the terms of your divorce state otherwise.
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