UK inheritance tax law for 2026/27, for a UK-resident individual who is long-term UK resident. Changes that start later are labelled with their start date.
A portfolio in your name is in your estate. Everything above the nil-rate bands is taxed at 40% on death, and the family usually has to pay some of the tax before the grant of probate is issued. Moving a portfolio into trust means transferring each holding, and a gift of shares is a disposal at market value for capital gains tax, unless holdover relief under TCGA 1992 s.260 applies.
A policy is a single asset under a single contract. It can be written in trust from the start or assigned into trust later, and a gift assignment is not a chargeable event, so no income tax arises on the move. Trustees own it, the insurer pays them on proof of death, and a loan trust or discounted gift trust lets you keep an income or your capital while the growth, or a slice of the value, sits outside the estate.
Any inheritance tax saving is made by the trust and the gift; the policy is the asset inside them. Most trusts are taxed under the relevant property rules: 20% on gifts above the nil-rate band, up to 6% every ten years and on the way out. A gift needs seven years to fall out of account, you cannot keep a benefit from what you give, and since 6 April 2025 residence, not domicile, decides who is in scope.
The £2,000,000 portfolio stays yours. Whatever it grows to is taxed at 40% on death, together with the rest of the estate.
You lend £2,000,000 to trustees, who buy the policy. A loan is not a gift, so there is no entry charge (IHTM14317). You take £100,000 a year back as loan repayments. After 8 years £1,200,000 is still owed to you and sits in your estate; the £615,715 of growth belongs to the trust and is already outside it. No seven-year wait applies to the growth.
A gift you keep an income from is a gift with reservation, so it stays in your estate (Finance Act 1986 s.102).
In a discounted gift trust you keep a fixed right to withdrawals, for example £100,000 a year, and give away the rest. The value of the retained right, underwritten on your age and health, never counted as a gift (IHTM20652). At a 35% discount £700,000 leaves the estate on day one and the £1,300,000 gift needs seven years. Total inheritance tax on the defaults falls from £2,996,286 to £2,465,000.
Inheritance tax is due by the end of the sixth month after death, and some of it usually has to be paid before the grant is issued (gov.uk). The executors may have to borrow, or ask banks to release money directly.
A whole-of-life policy written in trust pays the trustees, not the estate. The Official Receiver's own guidance lists paying out "without the need to wait for probate" as a reason such trusts exist. The premiums are gifts, often covered by the £3,000 annual exemption or the exemption for normal expenditure out of income (IHTM14231).
Giving shares away is a disposal at their market value on the day of the gift, so the gift itself can create a capital gains tax bill for you (gov.uk).
You assign whole segments as a gift. An assignment that is not for money or money's worth is not a chargeable event, so no income tax arises on the transfer (s.484; HS321). It is a gift to the child that falls out of account after seven years. When the child cashes in, the whole gain since the policy began is taxed at the child's own rate, which may be lower than yours.
A portfolio held until death is in the estate at 40%, but there is no capital gains tax on death.
The policy is in the estate at 40% in the same way. If your death ends it, that death is also a chargeable event, and the gain on the surrender value immediately before death is taxed as your income (IPTM3515). Held personally, the policy does worse than the portfolio it replaced.
Under the old rules non-UK assets settled while you were non-domiciled stayed excluded property indefinitely.
From 6 April 2025 the trust's non-UK property is excluded only while you, the settlor, are not long-term UK resident (HMRC newsletter, April 2025). A policy inside it is in the relevant property regime once you pass 10 of the last 20 tax years here. Charges on property that was excluded on 30 October 2024 are capped at £5m per ten-year cycle.
| Entry charge when the trust is funded | £195,000 |
| Top-up on the gift because of death within seven years | £0 |
| Ten-year charges before death | Not modelled |
| Inheritance tax on the estate at death | £2,270,000 |
| Policy or trust fund at death | £1,548,845 (outside the estate) |
| Paid to you during your life | £800,000 |
| Structure | Inheritance tax, all charges | Paid to you in life | Reaches the next generation |
|---|---|---|---|
| Held personally Not included: income tax on the chargeable event gain on death, which would add to the cost | £2,996,286 | £800,000 | £4,819,429 |
| Discounted gift trust | £2,465,000 | £800,000 | £5,278,845 |
| Loan trust | £2,750,000 | £800,000 | £5,065,715 |
| Gift to a discretionary trust | £2,605,000 | £0 | £6,008,667 |
Discount (retained rights, outside the estate at once) = £2,000,000 x 35% = £700,000
Chargeable transfer = £2,000,000 - discount = £1,300,000
Entry charge = 20% x (transfer - NRB £325,000) = £195,000, paid by the trustees from the fund
Trust fund at death = (£2,000,000 - entry charge) grown at 4% for 8 years, less your withdrawals of £100,000 a year = £1,548,845
Top-up on death = nil: the gift was made 7 or more years before death
NRB left for the estate = £325,000
Estate at death = other estate £6,000,000 + unspent withdrawals £0 = £6,000,000
IHT on the estate = 40% x (estate - NRB left - RNRB £0) = £2,270,000
Reaches the next generation = estate - IHT + trust fund - top-up = £5,278,845| Structure | What leaves your estate | Your access | Inheritance tax on the trust | Income tax on gains while you live |
|---|---|---|---|---|
| Bare gift trust | The whole gift, after seven years | None. The beneficiary is fixed and cannot be changed | No entry or ten-year charges; the fund is in the beneficiary's estate | The beneficiary |
| Discretionary gift trust | The whole gift, after seven years; all growth at once | None | 20% entry charge above the nil-rate band; up to 6% at each ten-year anniversary and on exit | You, as settlor |
| Loan trust | The growth, from the first day. The loan stays in your estate until repaid and spent | Repayments of the loan, on demand | No entry charge on the loan; ten-year charges on the fund less the loan outstanding | You, as settlor |
| Discounted gift trust | The discount at once; the rest of the gift after seven years; growth at once | A fixed income chosen at the start, for life | Entry charge on the gift less the discount, if above the nil-rate band; periodic charges if discretionary | You, as settlor |
| Whole-of-life cover in trust | The sum assured never enters it | None; you pay the premiums | None on the premiums if they fall within the gift exemptions | Rarely relevant: a gain on death is measured on the surrender value immediately before death, not the sum assured (IPTM3515) |
No. A policy you own personally is part of your estate and is taxed at 40% above the nil-rate bands if you are long-term UK resident. Inheritance tax is reduced by putting the policy in trust or giving it away, and then only under the ordinary rules: the seven-year rule for gifts, the relevant property charges for most trusts and the rule against keeping a benefit from what you give.
Yes, if it is a gift. An assignment that is not for money or money's worth is not a chargeable event, so there is no income tax on the transfer. The gift is still a transfer of value for inheritance tax, and a policy leaving your estate is valued at no less than the premiums paid less anything already paid out (IHTA 1984 s.167).
You lend money to trustees, who invest it in a policy. HMRC accepts that an interest-free loan repayable on demand is not a transfer of value and not a gift with reservation (IHTM14317). The loan stays in your estate, and falls as you take repayments and spend them, while all the growth belongs to the trust from the first day. It freezes the estate rather than reducing it.
It is the open market value of the rights you keep, normally a fixed series of withdrawals for life. The transfer of value is the amount invested less that value (IHTM20652), so the discount is outside your estate immediately and only the rest needs seven years. The insurer values it by underwriting your age and health; a person in poor health may get little or no discount.
A 20% entry charge on transfers above the nil-rate band of £325,000, a charge at each ten-year anniversary of up to 6% of the value then held, and an exit charge of up to 6% when property leaves the trust. If the settlor dies within seven years of the gift, the gift is taxed again at the death rate, reduced by taper relief and by the 20% already paid.
While the settlor is alive and UK resident, the settlor does, on any non-charitable trust they created, under ITTOIA 2005 s.465. In a bare trust the beneficiary does. After the settlor dies, or becomes non-resident, UK discretionary trustees pay 45% on the gain with no top-slicing relief.
Only while you are not long-term UK resident, meaning resident in fewer than 10 of the previous 20 tax years. Since 6 April 2025 non-UK trust property is excluded property only at times when the settlor is not long-term UK resident, whenever it was settled. For property that was excluded property on 30 October 2024, relevant property charges are capped at £5m per ten-year cycle.
From 6 April 2026 business and agricultural property relief is 100% only on the first £2.5m of qualifying property and 50% above it. From 6 April 2027 unused pension funds and most pension death benefits (death-in-service benefits are excluded) come into the estate. Both make more estates taxable, and both make lifetime gifts and trusts, including trusts holding a policy, more relevant than they were. The nil-rate bands stay frozen until 5 April 2031.
PPLI.com is not authorised by the Financial Conduct Authority and does not give personal advice. This is general information about UK law, not an invitation or inducement to enter into any insurance or investment contract. Policies issued by insurers outside the UK are not protected by the Financial Services Compensation Scheme.