Have Your Cake and Eat It Too: The Spousal Lifetime Access Trust (SLAT)
Have Your Cake and Eat It Too: The Spousal Lifetime Access Trust (SLAT)
The estate tax exemption is about to be cut in half. How to lock in the ~$28M exemption today without losing access to your wealth, by trusting your spouse (literally).
Executive Summary
- The 2026 Cliff: The current Estate Tax Exemption (approx. $14M per person / $28M per couple) is scheduled to “sunset” (expire) at the end of 2025, dropping back to ~$7M. Wealthy families must use the higher limit now or lose it forever.
- The Dilemma: Giving away $14M to an Irrevocable Trust for your kids saves taxes, but it leaves you $14M poorer. What if you need that money later for a business opportunity or a lifestyle crisis? Most people fear giving away too much.
- The Solution (SLAT): You create an irrevocable trust for the benefit of your Spouse and descendants. Because your spouse is a beneficiary, they can receive distributions.
👉 The Loop: You (Grantor) ➔ SLAT ➔ Spouse (Beneficiary) ➔ Joint Checking Account ➔ You.
You have effectively moved assets out of your taxable estate while maintaining indirect access to the cash flow via your marriage.
The “Reciprocal Trust” Trap
Critical Warning: If you and your spouse create identical SLATs for each other at the same time, the IRS will unwrap them under the Reciprocal Trust Doctrine, and you lose all tax benefits.
👉 The Fix: The trusts must be substantially different. Use different trustees, different distribution standards (HEMS vs. Discretionary), different assets, or create them in different tax years.
Mechanic: Indirect Access Architecture
Simulation: Locking in the Exemption ($30M Estate, Married Couple)
| Feature | Gift to Kids (Standard Trust) | SLAT (Spousal Trust) |
|---|---|---|
| Estate Tax Savings | High | High |
| Grantor Access | None (Money is gone) | Yes (Indirectly via Spouse) |
| Divorce Risk | Neutral | High (Spouse takes the trust)* |
*Note: Use a “Floating Spouse” clause to define the beneficiary as “My current spouse” rather than a specific name.
“A SLAT is the ultimate hedge against ‘Giver’s Remorse.’ It allows you to move millions off your balance sheet for tax purposes, while keeping it on the kitchen table for lifestyle purposes.”