Putting your life insurance in trust means placing the policy inside a legal arrangement so the payout goes directly to the people you choose, rather than into your estate. It's a simple step, usually free to arrange, and it can make a real difference to how quickly and tax-efficiently your family receives the money. Yet many policies are never placed in trust, often because no one explained the option.
This is general information, not personalised legal or tax advice. Trusts and tax are complex, everyone's circumstances differ, and it's important to take proper advice before setting one up. This guide complements our overview of whether you need life insurance.
What "in trust" actually means
A trust is a legal arrangement with three roles:
- The settlor — you, the person who owns the policy and sets up the trust.
- The trustees — the people you appoint to look after the policy and pay out the proceeds. You're usually a trustee too, alongside one or two others you trust.
- The beneficiaries — the people who will receive the money, such as your partner or children.
When a policy is written in trust, the payout is legally held by the trustees for the beneficiaries, rather than forming part of your estate. That single change is what unlocks the benefits below.
The main benefits
Faster payouts
If a policy isn't in trust, the payout usually forms part of your estate and can be held up while probate is granted — a process that can take months. Money held in trust can typically be paid to your beneficiaries much sooner, because it doesn't have to wait for probate. That speed can matter enormously when there's a mortgage to pay and a household to run.
Potential inheritance tax savings
Inheritance tax (IHT) may be charged at 40% on the part of your estate above the available threshold. A life insurance payout that falls into your estate could push it over that threshold or increase the bill. Because a policy written in trust generally sits outside your estate, the payout is usually not counted for IHT — meaning more of the money reaches your family. Tax treatment depends on your circumstances and current rules, which can change.
Control over who benefits
A trust lets you decide who receives the money and, to a degree, when. This is especially valuable if your circumstances are complex — for example, if you have children from a previous relationship, want to provide for young children through trustees, or simply want certainty about where the money goes rather than leaving it to the rules of your estate.
How to set up a policy in trust
The good news is that it's usually straightforward:
- At outset. Most insurers offer a trust form when you take out the policy, so it can be placed in trust from day one at no extra cost.
- After the policy has started. You can normally place an existing policy in trust later using the insurer's trust deed.
- Choose your trustees carefully. Pick people you trust to act responsibly — you can be one of them, and it's wise to appoint at least one other.
- Name your beneficiaries and keep the arrangement under review as your life changes.
- Take advice. Because there are different types of trust and the wording matters, guidance from an adviser (and, where appropriate, a solicitor) helps ensure it's set up correctly for your situation.
Common misconceptions
- "It's expensive." Placing a policy in trust is usually free — most insurers provide the trust as part of the policy.
- "I lose control of my policy." As a settlor and trustee you retain a great deal of control. You can typically still manage the policy, and the trust simply governs where the payout goes.
- "It's only for the wealthy." Trusts help with speed of payout and control as well as tax, so they can benefit ordinary families, not just large estates.
- "I can do it later, it doesn't matter when." It's often simplest at outset, and setting it up sooner means the protection is in place should the worst happen unexpectedly.
- "Once it's done I can forget about it." Trusts should be reviewed after major life events, such as marriage, divorce or a new child, to make sure the right people still benefit.
A word of caution
Trusts and inheritance tax are genuinely complex areas, and the wrong type of trust or wording can have unintended consequences. Tax rules can change, and the benefit to you depends on your personal circumstances. This is why it's worth taking advice rather than relying on a form alone.
Wisely can help you arrange life insurance and place it in trust as part of setting up your cover properly, coordinating with a solicitor where needed. To make sure your policy is arranged to protect the right people in the right way, book a free, no-obligation call with a Wisely adviser on 023 8268 1111. Big decisions, made wisely.
This guide is general information, not personal financial advice.
Frequently asked questions
Does putting life insurance in trust cost anything?
Usually not. Most insurers provide a trust as a standard, free option when you take out or manage a policy. You may choose to pay for legal advice for more complex situations, but the trust itself is typically free to set up.
Will a policy in trust avoid inheritance tax?
A policy written in trust generally sits outside your estate, so the payout is usually not counted for inheritance tax. This can mean more of the money reaches your family. Tax treatment depends on your circumstances and current rules, so take advice.
Can I set up a trust after the policy has started?
Yes. You can normally place an existing policy in trust at any time using the insurer's trust deed, not just when you first take out cover. Setting it up at outset is simplest, but it can be done later.
Do I lose control of my policy if it's in trust?
Not in practice. As the settlor you appoint the trustees — usually including yourself — and you choose the beneficiaries. The trust governs where the payout goes rather than taking day-to-day control away from you.
Who should I choose as trustees?
Choose people you trust to act responsibly and in your beneficiaries' interests, such as a spouse, close family member or trusted friend. You can be a trustee yourself, and it's sensible to appoint at least one other in case you're no longer able to act.