Inheritance tax: Families told of simple way to avoid needlessly overpaying death levy

Tax form

It is possible to become exempt from this tax by writing policies into a trust

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Holly Bishop

By Holly Bishop


Published: 28/07/2023

- 16:05

Updated: 14/11/2023

- 16:18

Estates falling in the 40 per cent death levy bracket could avoid unnecessary pay-outs with a simple call

Many families could avoid overpaying inheritance tax on life insurance, if they simply picked up the phone and made a call.

Over 25 per cent of the estates that fit in the 40 per cent bracket for inheritance tax in 2020-21, including life insurance policies worth £830million.


This means that up to £332million of inheritance tax may have been needlessly overpaid by them.

However, it is possible to become exempt from this tax by “writing” these policies into a trust.

Calculator, paperwork and a piggybank

The number of families paying inheritance tax has gone up by almost 50%

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This is done via a procedure requires a phone call to a provider, as well as filling out some paperwork.

This comes at a time when the number of families paying inheritance tax has almost doubled under Conservative rule.

Sean McCann, of advisers NFU Mutual, said: “Many people buy life insurance without advice, so aren’t aware that if they don’t put the policy in trust it’s included in their estate and could end up being taxed.

“Putting life insurance policies into trust is relatively straightforward. If you have life insurance and it isn’t in trust, phone your provider and ask for a trust form.

Folded-up \u00a320 notes in the shape of a house

27,000 families paid the 40pc tax in 2020-21

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“Using a trust can also mean a speedier pay out in the event of a claim, as the family won’t need to wait for probate, which can make a huge difference to dependants relying on the money to cover day to day bills.”

It is possible to put a life policy into a trust at any time.

This means you can still exempt any potential pay-out after you have bought the cover.

If you die, your family cannot retrospectively put the policy into a trust, McCann added.

He also explained that if you are seriously ill when you put the policy in trust, and then die within seven years of this, HM Revenue & Customs could argue that the policy had a value when you put it into trust.

Therefore, they could try and include that value in your estate, which would result in inheritance tax being charged.

27,000 paid the death duty 40pc in 2020-21, according to HMRC. The average bill totalled up to £214,000.

This was a big increase from the 15,000 families that paid in 2009-10.

By 2028, roughly 47,000 are expected to pay, according to the Office for Budget Responsibility.

This is because of the “fiscal drag” effect of frozen thresholds, paired with inflation.

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