Life insurance in trust —the step most Londoners skip
Most London homeowners arrange life insurance to protect their family. Far fewer write it in trust — and that single omission can cost their family 6–12 months of waiting and tens of thousands in inheritance tax. It is free. It takes 30 minutes. We do it for every client.
The probate problem
When someone dies, their estate cannot be distributed until the court grants probate. If your life insurance is not in trust, the payout sits locked in your estate throughout this process.
With a trust: the insurer pays trustees directly within days of a valid claim — no probate required.
The inheritance tax problem
Inheritance tax (IHT) is charged at 40% on the value of an estate above the nil rate band. For 2026, the nil rate band is £325,000 — rising to £500,000 for those who pass their home to direct descendants (the residence nil rate band). With London property prices averaging well over £500,000, many estates are already close to or above these thresholds before a life insurance payout is even considered.
The trap: when a life insurance payout increases your IHT bill
The £400,000 life insurance payout added approximately £160,000 to the IHT bill. Written in trust, that payout does not form part of the estate — and the tax bill falls to approximately £130,000.
Same scenario — policy written in trust
The £400,000 payout goes directly to trustees and is not part of the estate. Taxable estate: £650,000 − £325,000 = £325,000 × 40% = £130,000 IHT. Family receives the full £400,000 from the trust within weeks. Total saving: approximately £160,000 in IHT, plus 6–12 months faster access to funds.
How we set up your life insurance trust
Four simple steps — 30 minutes of your time, completely free.
Absolute trust vs discretionary trust
For most life insurance policies, you will choose between these two trust types.
| Absolute Trust | Discretionary Trust | |
|---|---|---|
| Beneficiaries | Fixed — cannot be changed | Flexible — class of potential beneficiaries |
| Can trustees change distribution? | No | Yes |
| Can be amended after setup? | No — irrevocable | Some terms can be adjusted |
| Best for | Stable family situation, fixed beneficiaries | Blended families, young children, changing circumstances |
| IHT treatment | Out of estate immediately | Out of estate immediately |
| Complexity | Simple | Slightly more complex |
| Insurer forms | Standard — most insurers provide | Standard — most insurers provide |
What happens to the money?
When you die and a valid claim is submitted, the insurer pays the sum assured directly to your trustees — not to your estate. The trustees then hold the money and distribute it to the beneficiaries in accordance with the trust deed.
In an absolute trust, the distribution is straightforward — the named beneficiaries receive their specified share. In a discretionary trust, the trustees decide how much each beneficiary receives and when. They can make phased distributions, hold funds for children until they are older, or respond to beneficiaries' changing needs.
Trustees have a legal duty to act in the best interests of the beneficiaries. They can seek professional advice on how to invest or distribute trust funds if needed.
Worked examples
Real scenarios showing the difference a trust makes.
Young family, first home
James, 32, has a £300,000 repayment mortgage and a £300,000 decreasing term policy. He has a wife and one child.
Policy not in trust. Wife and child wait 9 months for probate. During that time they must find another way to cover the mortgage. Estate value just above IHT threshold — £30,000 tax bill.
Policy in trust. Wife receives £300,000 within 3 weeks. Mortgage cleared immediately. No IHT on the payout. Family financially secure.
London homeowner, mid-career
Sarah, 45, owns a £700,000 property (with £250,000 mortgage) and has a £500,000 level term policy.
Policy not in trust. Estate value: property equity + policy = £950,000. Above £500k RNRB by £450,000. IHT: £180,000. Family waits 11 months for probate.
Policy in trust. £500,000 goes directly to trustees — not the estate. Estate = £450,000 — below RNRB. No IHT. Full £500,000 available to family in weeks.
Blended family, discretionary trust
David, 50, is remarried with children from his first marriage and his current marriage. He has a £400,000 level term policy.
Policy not in trust. Payout goes to estate, distributed under his will. Risk of delays and family disputes about entitlement.
Discretionary trust with wife and close friend as trustees. Trustees can distribute according to David's wishes, considering all children's needs. Family conflict minimised.
Life insurance in trust FAQs
Is it free to write my life insurance in trust?
What happens to the trust if I outlive the policy term?
Can I name more than one beneficiary in a life insurance trust?
What if my beneficiaries change (e.g. divorce or new children)?
Does a trust affect the monthly premium for my life insurance?
Can I set up a trust for an existing life insurance policy?
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Get a Free Quote →
Speak to Roger Cooper (CeMAP qualified) for independent, whole-of-market advice.
Get a free life insurance quote — with trust setup included
We arrange the trust as part of every life insurance application. No extra charge. No extra hassle. Just the peace of mind that your family will receive the money they need, when they need it.
Trust advice for property and estate planning should be sought from a qualified solicitor or estate planning specialist. Mortgage International can advise on writing life insurance policies in trust. Mortgage International is an appointed representative of The Right Mortgage Limited, which is authorised and regulated by the Financial Conduct Authority (FCA Ref: 478810). Trusts are not regulated by the Financial Conduct Authority.