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Asset protection · England and Wales

Offshore bonds and creditors in the UK: what a trust protects, and from when

An offshore bond, like any life policy, is one of the simplest assets to place in trust, and once trustees own it for your family it is not part of your estate if you are later made bankrupt, unless the gift itself can be set aside. The insurer holds the assets behind it under its home regulator's rules, apart from your own affairs. English law gives no special shield to a policy as such: one you own personally goes to your creditors, and a transfer made with creditors or a divorce in view can be undone. What protects it is a trust, set up early and for reasons you can show.

Hypothetical £3,000,000 policy, bankruptcy in year 8

£0

of the policy in your bankruptcy estate if trustees have held it for your children since year 1, you were solvent then, and the purpose was the family, not the creditors

£3,000,000

vests in the trustee in bankruptcy if you own the policy yourself, however long you have held it

Insolvency Act 1986 s.283(3)(a) (trust property excluded), s.306 (vesting), s.341 (five-year look-back), s.423 (no time limit where the purpose was to defeat creditors). England and Wales. Test other cases in the path finder below.

By Eldar Edmond Grady, CEO, PPLI.com. Research checked 23 September 2026.

The law of England and Wales as at 23 September 2026. Scotland and Northern Ireland have their own insolvency and family law; the Scottish policy statute is noted where it differs.

The essentials

Your asset, or your family's trust

Your own portfolio

A portfolio in your name vests in your trustee in bankruptcy the day the appointment takes effect. Putting it into trust means re-registering every holding, and each gift of shares is a disposal for capital gains tax, unless holdover relief under TCGA 1992 s.260 applies. Until someone does, the family's wealth stays in the name of the person carrying the business risk.

A policy in trust

A single contract, which can be written in trust from the first day or assigned into trust later by deed. Trustees own it for the beneficiaries, and property held on trust for others is not part of a bankrupt's estate. The Official Receiver, once satisfied the trust is genuine, has no further interest in the policy. The assets behind it sit with an insurer abroad, under its home regulator's rules for protecting policyholders.

Where it fails

Much depends on timing and purpose. A gift into trust within five years of a bankruptcy can be unwound, within two years without any test of solvency, and a transfer made to defeat creditors can be undone at any time. A divorce court can vary a family trust. A policy you own yourself has no protection at all. And there is no FSCS cover if the insurer fails, unless the policy is written through a PRA-authorised UK branch.

Who can reach the money, claim by claim

Each card takes the same £3,000,000 and asks who can reach it. Three of the six go against the policy or leave it no better than a portfolio held directly.

Your business fails eight years after you set up the trust

Held directly

The portfolio is property belonging to you, so it is in the bankruptcy estate and vests in the trustee in bankruptcy (s.283(1), s.306).

Inside the policy

The trustees own the policy for your children. Property held on trust for others is excluded from the estate (s.283(3)(a)). Eight years is outside the five-year look-back for gifts (s.341), so the trustee in bankruptcy would need to show under s.423 that the purpose of the trust was to defeat creditors.

No better than direct

Your business fails three years after you set up the trust

Held directly

The portfolio vests in the trustee in bankruptcy, as above.

Inside the policy

The gift into trust is within the five-year window. Between two and five years it is caught only if you were insolvent then or became so as a result, but that is presumed because trustees for your family are your associates (s.341(2), s.435(5)). You would have to prove solvency at the time.

Against the policy

You own the policy yourself and are made bankrupt

Held directly

The portfolio vests in the trustee in bankruptcy.

Inside the policy

So does the policy. The Official Receiver's guidance says life policies vest in the trustee, who takes the payments that would have gone to you and may keep, sell or surrender the policy (para 33.49). An approved pension is excluded from the estate by statute; a life policy is not.

A policy on your life for your spouse and children

Held directly

Life cover you own pays your estate on death, and your creditors are paid from the estate before your family.

Inside the policy

A policy on your own life expressed to be for your spouse, civil partner or children creates a trust, and the money is not part of your estate or subject to your debts (Married Women's Property Act 1882 s.11). If creditors prove the policy was effected and the premiums paid to defraud them, they recover a sum equal to the premiums, not the policy money.

Against the policy

Your marriage ends

Held directly

The court counts the portfolio as your property and financial resources (Matrimonial Causes Act 1973 s.25(2)(a)) and can order it transferred.

Inside the policy

A trust set up during the marriage for the family can be varied as a nuptial settlement (s.24(1)(c)), and likely benefits from it count as resources. A disposition within three years before the application is presumed to be intended to defeat the claim (s.37(5)). The court usually reaches much the same result by a different route.

A creditor says you moved assets to defeat him

Held directly

Assets you still own are available to a creditor who wins judgment. Assets you gave away can be recovered under s.423 if your purpose was to defeat him.

Inside the policy

The same. Section 423 applies to any transfer at an undervalue made to put assets beyond the reach of a person who is making or may make a claim, and it sets no time limit of its own. A trust made years before any claim, for reasons you can show, is much harder to attack than one made when the claim was in sight.

The inheritance tax side of the same trusts, and what each structure costs to run, is on the page on inheritance tax and succession. Who can see that a trust or a policy exists is on the page on privacy and reporting.

The claimant's path: who can reach the policy

Choose who is claiming, how the policy is held and how long ago it was put there. The answer is a plain reading of the statute and official guidance for England and Wales, with the sections named. It is not a prediction of what a court would decide on your facts.

Your case

Three questions

Who is claiming?

Trustee in bankruptcyDivorcing spouse or civil partnerA creditor alleging a transfer to defeat creditorsHMRC

How is the policy held?

Owned by me personallyMarried Women's Property Act or policy trustDiscretionary trust I set up

Years between putting it there and the claimFor bankruptcy, count to the day of the petition or application. For divorce, to the application for financial relief. For a policy you own, the answer does not depend on it

Your case

A policy held by the trustees of a discretionary trust you set up, 6 years before the claim, and the claimant is a trustee in bankruptcy.

Where it stands

Harder to reach

Property you hold on trust for someone else is not part of your bankruptcy estate (s.283(3)(a)), and the trustees own this policy for the beneficiaries. The Official Receiver's guidance says that once satisfied the trust is genuine and was not an attempt to put assets beyond creditors, the Official Receiver has no further interest in the policy (paras 33.54 and 33.55).

More than five years. The gift is outside the look-back period for transactions at an undervalue in a bankruptcy (s.341(1)(a)). It can still be attacked under s.423 if the purpose was to put assets beyond the reach of someone who was making, or might make, a claim: that section sets no time limit of its own.

Anything you kept is yours and vests in the trustee: the outstanding loan in a loan trust, the right to withdrawals in a discounted gift trust, and any interest you have as a beneficiary, since property includes every description of interest, present or future, vested or contingent (s.436).

Statute and guidance

Insolvency Act 1986 ss.283(3)(a), 339, 341, 423, 435(5), 436; Official Receiver technical guidance 33.54 to 33.55.

Read with the sections below. Every outcome also depends on evidence: of solvency when the gift was made, of the reasons for the trust, and of what you kept for yourself.

Structure review

Where your structure would stand

In the question box, set out the dates that matter in a few lines: when each premium was paid, any assignment or trust, and the risks you have in mind, such as a trading business, a personal guarantee or a marriage. Leave the trust deed and schedules out for now; we will say if we need them. We reply by email with which of the routes above applies to those facts and when each window closes.

Bankruptcy: what vests in the trustee

Everything turns on one distinction: property that belongs to you, and property you or others hold on trust for someone else.

A bankrupt's estate comprises all property belonging to or vested in the bankrupt at the commencement of the bankruptcy (Insolvency Act 1986 s.283(1)), and it vests in the trustee immediately on appointment, "without any conveyance, assignment or transfer" (s.306). Property is defined as widely as the law allows: it includes "every description of interest, whether present or future or vested or contingent" (s.436). A policy you own, a loan you are owed by a loan trust, your right to withdrawals under a discounted gift trust and any fixed interest you hold under a trust are all property in this sense.

What the estate does not include is "property held by the bankrupt on trust for any other person" (s.283(3)(a)). The Official Receiver's technical guidance applies this to life policies directly. A policy you own vests in the trustee, who "will receive any payments due under the policy which would have been payable to the bankrupt as the policy-holder" (para 33.49). A policy whose benefits are held in trust for others is different: the Official Receiver "should be satisfied that the creation of a trust was not an attempt by the bankrupt to put assets, for example the premiums paid or the surrender value of the policy, out of the reach of creditors", and once satisfied "will have no further interest in the assurance policy" (paras 33.54 and 33.55, Official Receiver technical guidance, chapter 33).

Pensions are the contrast. Rights under an approved pension arrangement are excluded from the bankrupt's estate by statute (Welfare Reform and Pensions Act 1999 s.11). No equivalent provision covers a life policy or an offshore bond, so a policy is protected only if it sits in a trust.

Gifts that can be unwound: the look-back periods

A trust protects only if the gift into it stands. The Insolvency Act gives a trustee in bankruptcy and creditors three ways to challenge it.

When the gift was made	Rule	What the claimant must show
Less than 2 years before the bankruptcy	s.339, s.341(1)(a)	Only that it was a transaction at an undervalue: a gift, or a transfer for significantly less than its value
2 to 5 years before	ss.339, 341(2)	That you were insolvent at the time or became insolvent because of the gift. Presumed where the recipient is an associate, which includes trustees whose beneficiaries include you or your relatives (s.435(5))
More than 5 years before	Outside s.339	Nothing under s.339. The claimant must use s.423
At any time	s.423	That the purpose was to put assets beyond the reach of a person making or likely to make a claim, or otherwise to prejudice that person. No time limit in the section

Under s.339 the court "shall" make such order as it thinks fit to restore the position. The five years run to the day the bankruptcy petition is presented or the bankruptcy application is made, so the clock is set by the event, not by when you first had difficulty. Under s.423 the application can come from the victim directly, or in a bankruptcy from the Official Receiver or the trustee, with a victim needing the court's permission (s.424). Both sections treat a gift and a transfer "in consideration of marriage or the formation of a civil partnership" alike.

The earlier the trust is made, the more it protects, and the clearer the family reason recorded at the time, the harder a s.423 claim becomes. A trust made while a claim is foreseeable protects very little. Paying new premiums into an old trust starts a new clock for those premiums.

Policies written for a spouse or children

English law has had a statutory trust for family life policies since 1882. It covers a narrow class of policy, and for those policies no separate trust deed is needed.

Under Married Women's Property Act 1882 s.11, a policy of assurance effected by a person on their own life and expressed to be for the benefit of their spouse or children "shall create a trust in favour of the objects therein named", and the money payable "shall not, so long as any object of the trust remains unperformed, form part of the estate of the insured, or be subject to his or her debts". Civil Partnership Act 2004 s.70 applies the same rule to a civil partner's policy for their civil partner or children in England and Wales. Scotland has its own statute, the Married Women's Policies of Assurance (Scotland) Act 1880, extended to civil partners by Civil Partnership Act 2004 s.132.

The protection has one statutory exception. If it is proved that the policy was effected and the premiums paid with intent to defraud the creditors of the insured, the creditors are entitled to receive, out of the policy money, a sum equal to the premiums paid. The limits are also practical. The Act covers a policy on your own life taken out for the named family members; it does not reach a policy you assign into trust later, or beneficiaries outside the spouse and children. Large investment policies are more often held under a separate trust deed, which works through the general rule in s.283(3)(a) rather than through the 1882 Act.

Divorce and dissolution: the court looks through

A trust that stands against creditors may not stand against a spouse. Family courts have their own powers, and they were written with family trusts in mind.

In deciding financial relief the court must consider "the income, earning capacity, property and other financial resources" each party has or is likely to have in the foreseeable future (s.25(2)(a)). A policy you own is part of that. So, in practice, are benefits you are likely to receive from a trust. The court can also make "an order varying for the benefit of the parties to the marriage and of the children of the family or either or any of them any ante-nuptial or post-nuptial settlement", and an order reducing either party's interest under it (Matrimonial Causes Act 1973 s.24(1)(c) and (d)). A trust set up during the marriage for the family is the obvious case.

Where a spouse has disposed of property to defeat the claim, the court can set the disposition aside (s.37(2)(b)). If the disposition was made less than three years before the application, the court presumes that intention unless the contrary is shown (s.37(5)). A transfer for value to someone acting in good faith without notice of the intention is not reviewable (s.37(4)). When the court orders a policy to be assigned between spouses as part of a divorce, the assignment is not a chargeable event for income tax (IPTM3420), so the policy can be moved without triggering a gain.

If the insurer itself fails

The other half of protection is the safety of the insurer. It is covered in full in if an offshore life insurer fails; the main points are below.

The Financial Services Compensation Scheme covers life policies only where the insurer that failed was regulated by the Prudential Regulation Authority. Insurers in the Isle of Man, the Channel Islands, Ireland and Luxembourg are not, so their policies have no FSCS cover, unless written through a PRA-authorised UK branch (FSCS). Protection comes from the home jurisdiction instead. In Guernsey, a licence condition requires the insurer's assets representing at least 90% of policyholder liabilities to be held in trust (GFSC standard condition for life companies). The Isle of Man scheme is generally described as paying up to 90% of the value of a protected contract (Legal 500 Isle of Man guide; regulator: IOMFSA). Ireland's Insurance Compensation Fund excludes life policies (Central Bank of Ireland note on the Insurance Compensation Fund). Luxembourg's "triangle of security", as described by the government-backed promotion agency, keeps the assets behind policies with an approved custodian under a tripartite agreement with the regulator and gives policyholders a preferential claim (Luxembourg for Finance). How the jurisdictions compare for a UK resident is on the jurisdictions page.

What the policy does not do

Where the protection runs out.

In your own name it protects nothing. A policy you own vests in your trustee in bankruptcy like any other asset, and a divorce court counts it in full.

The look-back periods still apply. A gift into trust within five years of bankruptcy, or at any time for the purpose of defeating a claim, can be reversed, and a trust set up once the risk is visible is the easiest kind for a court to unpick.

Whatever you keep for yourself stays exposed. A loan owed to you by a loan trust, withdrawals under a discounted gift trust and any interest you hold as a beneficiary are your property for creditors. Designs that maximise your access, which the loan trust and discounted gift trust article explains, are the least protective.

The trust does not take the policy outside tax. Gains on a policy in a trust you created are taxed on you while you are alive and UK resident (ITTOIA 2005 s.465; IPTM3250), and the trustees pay inheritance tax charges out of the trust property (IHTM30101). See what HMRC learns about an offshore policy.

There is no FSCS cover (unless the policy is written through a PRA-authorised UK branch). The insurer's home jurisdiction decides what happens if it fails.

Asset protection questions

Is an offshore bond protected from creditors in the UK?

Not while you own it. A policy in your name is part of your bankruptcy estate and vests in the trustee in bankruptcy under the Insolvency Act 1986 s.306. Protection comes from a trust: once trustees hold the bond for other people it is no longer yours, and if you are one of the trustees s.283(3)(a) keeps it out of the estate, provided the gift into the trust cannot be unwound.

How long before bankruptcy must a policy be put into trust?

More than five years before the bankruptcy petition or application takes it outside the rules on transactions at an undervalue in ss.339 and 341. Between two and five years, the gift is caught only if you were insolvent then or became so, but that is presumed where the trustees are associates, as family trustees usually are. At any time, a transfer made to put assets beyond a creditor's reach can be undone under s.423.

What happens to my offshore bond if I am made bankrupt?

If you own it, it vests in the trustee in bankruptcy, who can keep, sell or surrender it and receives any payments that would have gone to you. If trustees hold it for others, the Official Receiver checks that the trust was not an attempt to put assets out of creditors' reach, and once satisfied has no further interest in the policy.

Does a Married Women's Property Act policy protect against creditors?

Yes, within its limits. Under the 1882 Act s.11, a policy on your own life for your spouse or children creates a trust, and the money is not part of your estate or subject to your debts. If creditors prove the policy was effected and the premiums paid with intent to defraud them, they are entitled to a sum equal to the premiums out of the policy money. Civil partners are covered in England and Wales by the Civil Partnership Act 2004 s.70; Scotland has its own 1880 Act.

Can a divorce court reach a policy held in trust?

Often, yes. The court considers all property and financial resources each party has or is likely to have (Matrimonial Causes Act 1973 s.25), can vary a nuptial settlement for the benefit of the spouses and children (s.24(1)(c)), and can set aside a disposition made to defeat the claim (s.37). A disposition within three years before the application is presumed to have had that intention.

Is there a time limit on a claim under section 423?

The section itself sets none. The claimant must prove that the transfer was made for the purpose of putting assets beyond the reach of someone making or likely to make a claim, or otherwise prejudicing that person. A trust made long before any claim was in view, for documented family reasons, is much harder to attack than one made under pressure.

Are pensions and life policies treated the same in bankruptcy?

No. Rights under an approved pension arrangement are excluded from the bankrupt's estate by the Welfare Reform and Pensions Act 1999 s.11. There is no equivalent statutory exclusion for a life policy or an offshore bond, which is protected only if it is held in a trust that stands.

Is my policy protected if the offshore insurer fails?

Not by the FSCS, which covers only insurers regulated by the Prudential Regulation Authority (a policy written through a PRA-authorised UK branch may be covered, so check the issuing entity). Protection depends on the insurer's home jurisdiction: Guernsey requires at least 90% of policyholder liabilities to be held in trust, the Isle of Man scheme is generally described as paying up to 90% of the value of a protected contract, Ireland's compensation fund excludes life policies, and Luxembourg relies on custodian segregation and a preferential claim for policyholders.

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.

Sources and authorities

The position described follows from the statutes and official guidance listed here, read as at 23 September 2026. It is the law of England and Wales unless stated, and it is not an opinion on any particular case.

Insolvency Act 1986 s.283: the bankrupt's estate, and the exclusion of property held on trust for others (s.283(3)(a)).
Insolvency Act 1986 s.306: vesting in the trustee; s.436: definition of property.
Insolvency Act 1986 s.339 and s.341: transactions at an undervalue and the two and five-year periods; s.435: associates, including trustees.
Insolvency Act 1986 s.423 and s.424: transactions defrauding creditors, and who may apply.
Official Receiver technical guidance, chapter 33: paras 33.49 (policies vest in the trustee), 33.54 and 33.55 (policies held in trust).
Welfare Reform and Pensions Act 1999 s.11: approved pensions excluded from the bankrupt's estate.
Married Women's Property Act 1882 s.11; Civil Partnership Act 2004 s.70; Married Women's Policies of Assurance (Scotland) Act 1880; Civil Partnership Act 2004 s.132.
Matrimonial Causes Act 1973 s.24, s.25 and s.37 of the Matrimonial Causes Act 1973: nuptial settlements, the matters the court considers, and setting aside dispositions.
IPTM3420: assignments that are not chargeable events, including on divorce.
ITTOIA 2005 s.465; IPTM3250: who is taxed on gains in a trust; IHTM30101: trustees' liability for inheritance tax.
FSCS: FSCS insurance cover; GFSC standard condition for life companies; Central Bank of Ireland note on the Insurance Compensation Fund; IOMFSA; Legal 500 Isle of Man guide; Luxembourg for Finance.

Last updated: 23 September 2026. Our editorial standards describe how this material is checked and corrected.

Library · 4 articles

UK research on protection and trusts

Insurer failure

If an offshore life insurer fails: policyholder protection for UK residents

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Trusts

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UK research · 2026/27

Residence

Inheritance tax on an offshore bond after April 2025: the long-term residence test

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Reporting

What HMRC learns about an offshore policy

UK research · 2026/27

All UK asset protection research.

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Author

Eldar Edmond Grady

CEO, PPLI.com

Checked against UK primary sources. The statutes, HMRC manual paragraphs and regulator pages cited are linked in the text so each statement can be read beside its basis.

Last updated: 23 September 2026
Editorial standards

Offshore bonds and creditors in the UK: what a trust protects, and from when

Your asset, or your family's trust

Who can reach the money, claim by claim

Your business fails eight years after you set up the trust

Your business fails three years after you set up the trust

You own the policy yourself and are made bankrupt

A policy on your life for your spouse and children

Your marriage ends

A creditor says you moved assets to defeat him

The claimant's path: who can reach the policy

Where your structure would stand

Bankruptcy: what vests in the trustee

Gifts that can be unwound: the look-back periods

Policies written for a spouse or children

Divorce and dissolution: the court looks through

If the insurer itself fails

What the policy does not do

Asset protection questions

Sources and authorities

UK research on protection and trusts

Ask about your own structure

Tell us about yourself

How can we help?

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