Here are some of the advantages and disadvantages of putting life insurance in trust:
We explain the pros and cons in more detail below…
- Avoid or minimise inheritance tax (IHT)
When life insurance is in trust, the pay out is normally kept separate from your taxable estate (an estate is any property, possessions, and money you have at the time you pass away). This avoids or minimises any potential inheritance tax on the pay out and ensures your beneficiaries receive more of the money you intended for them.
Many people take out life insurance to help pay an inheritance tax bill. In this case, it’s important to write the policy in trust so that the pay out isn’t added to your taxable estate (potentially increasing your inheritance tax liability).
The current tax-free threshold is £325,000 (or £600,000 for couples) and the rate is currently 40% on any part of an estate over the threshold[1].
The government website offers guidance on trusts and inheritance tax (GOV.UK) if you’d like to learn more.
- Faster pay out for your loved ones
Probate is a legal process that involves distributing assets from your estate after you pass away. Depending on the complexity of your estate and other factors, it can take days, weeks or even months to complete this process[2].
As life insurance in trust is usually not considered part of your estate, any pay out goes directly to your trustees who can use the money straight away, for example to help cover legal fees or funeral costs or distribute to the beneficiaries.
Without a trust, your trustees would need to wait for probate to be completed before receiving any funds.
- Have better control over who receives the pay out and when
As well as ensuring that the pay out goes to your chosen beneficiaries, a trust allows you to specify how and when you’d like the money to be distributed. For example, you could divide up the pay out between beneficiaries and if you’re looking to leave an inheritance for children or grandchildren, a trust can hold their share of until a certain date, such as their 18th birthday.
Without a trust, the pay out would be added to your estate when you pass away and could be used for other purposes, like paying off outstanding debts in your name.
- Can be difficult to cancel
As setting up a trust is a legal arrangement, it can’t simply be reversed if you change your mind.
Also, if you wish to cancel your life insurance policy that’s written in trust, you may need permission from the trustees before doing so. It’s important to understand all the terms of the trust before deciding if it’s the right option for you.
- Lose some control over your policy
Once a policy is in trust, any future decision regarding the policy will need to be signed off by the trustees. For example, if your circumstances change and you want to increase the pay out amount, or you want to add or remove beneficiaries, the insurer may only take this instruction from all named trustees. Any changes made will often be notified to each trustee via letter or email.
- Inheritance tax may not be totally avoided
While in some cases it’s possible to avoid inheritance tax, in other cases, tax may still be due. For example, if you change or add a beneficiary within seven years of passing away there could be tax implications.