Trusts, tax and business

Life insurance in trust: the tax a payout adds to the estate

A life policy paid to the estate is counted with everything else for inheritance tax. Enter the estate, the payout and the home to compare.

Independent site, not an insurer, broker or government service: benefit claims are made only on GOV.UK.

Inheritance tax on a payout outside a trust

Home, savings, after debts

Example, not your result yet· change a figure to see yours

Extra inheritance tax if paid to the estate

£60,000

Family keeps, policy in trust£250,000
Family keeps, paid to the estate£190,000
Threshold used£500,000

Tax at 40% above the threshold. A spouse or civil partner inherits free of inheritance tax.

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A life insurance payout that is not written in trust is paid to the estate of the person who died and counts towards its value for inheritance tax, as GOV.UK’s guide to valuing an estate lists. Inheritance tax is charged at 40% on the value above the nil-rate band of £325,000, plus a residence nil-rate band of up to £175,000 when a home goes to children or grandchildren, which is tapered away on estates above £2,000,000. Take an estate of £400,000, including a home of £300,000 left to the children, and a policy paying £250,000. Paid to the estate, the policy adds £60,000 of inheritance tax, so the family keeps £190,000 of it. Written in trust, the payout goes to the trustees outside the estate, is not counted, and is usually available without waiting for probate. Anything left to a spouse or civil partner is free of inheritance tax, so the question matters most for unmarried couples and for the second death.

Rates read and sums checked by Radif Partners · Editorial policy · How the figures are worked out

Tax added by different payouts

The estate is £400,000 without the policy, including a home of £300,000 left to the children, and no spouse inherits. The second column is the tax on the estate alone, which is what the family pays with the policy in trust; the third is the tax with the payout added.

Inheritance tax at 40% above the thresholds, 2026/27. No lifetime gifts. Read on GOV.UK.
PayoutTax, policy in trustTax, paid to the estateExtra taxFamily keeps of the payout
£100,000£0£0£0£100,000
£200,000£0£40,000£40,000£160,000
£300,000£0£80,000£80,000£220,000
£500,000£0£160,000£160,000£340,000

When the payout pushes the estate past the taper

The residence nil-rate band falls by one pound for every 2 pounds of estate above £2,000,000. A large payout can push an estate over that line and cost part of the band as well as the tax on the payout itself.

Home up to the value shown left to children. No spouse exemption.
Estate without the policyThreshold with the payout addedExtra tax on a payout of £250,000
£200,000£500,000£0
£400,000£500,000£60,000
£700,000£500,000£100,000
£1,500,000£500,000£100,000
£2,200,000£325,000£130,000

What a trust changes, and what it does not

A trust changes who owns the payout: the trustees claim it and pay it to the beneficiaries, so it is not part of the estate and not covered by the will. It does not change the policy’s price or the chance of a claim. The type of trust decides how flexible it is: in some, the beneficiaries are fixed; in a discretionary trust the trustees choose among a list. GOV.UK’s page on trusts and taxes describes the types, and its guide to trusts and inheritance tax explains the charges on relevant property.

Where it matters most

For a married couple leaving everything to each other, the first death has no inheritance tax, so a payout to the estate is not taxed then; but it may raise the estate at the second death. For an unmarried couple, there is no spouse exemption at all, which is why the unmarried couples page treats a trust as the first step. GOV.UK’s estate valuation guide lists life insurance payouts among the assets to count. A whole of life policy in trust is a common way to provide the money to pay the bill.

Choosing trustees

Trustees are the people who claim the money from the insurer and pay it out. Many people name their partner and one or two others, such as an adult child or a close friend, so that the trust can still act if one trustee has died or cannot be reached. The person insured is often a trustee too, so that they can manage the trust while alive. Naming trustees who will be easy to contact and willing to act matters more than their legal knowledge.

Questions people ask before they buy cover

Tap a question to see the answer.

How do I put my life insurance in trust?

Most insurers provide trust forms for their policies, often free, and the trust can be set up when the policy starts or later. You choose trustees, who will claim the money, and beneficiaries, who receive it. The form and the type of trust matter, so read the insurer’s guidance or ask a solicitor if your family situation is complex.

Is there tax on a life insurance trust?

Most trusts other than bare trusts are relevant property trusts. GOV.UK says tax can be due when assets leave the trust and at each ten-year anniversary, if the trust holds relevant property above the threshold. There is no exit charge on assets transferred out within three months of setting up the trust or of a ten-year anniversary. Trustees should check GOV.UK’s guide.

Does a life policy in trust help an unmarried partner?

Yes, on two counts. An unmarried partner does not inherit automatically under the intestacy rules and does not get the spouse exemption from inheritance tax. A policy in trust that names the partner as a beneficiary pays them directly, outside the estate and outside any will, which avoids both problems for that money.

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GOV.UK, legislation and ONS pages behind this page

Rates, rules and life-table figures on this page were checked against these pages on 7 November 2026.

Worked out by

Independent publisher of UK protection calculators built on state benefit rates and ONS life tables

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State rates for the tax year 2026, last read on . Estimates only, from GOV.UK rates for 2026/27 and ONS life tables: general information, not financial advice or a personal recommendation.