MP Estate Planning UK

Life Insurance to Cover Inheritance Tax on Business Assets

life insurance for inheritance tax

We explain how a carefully arranged policy can protect family outcomes when a firm’s value is tied up in shares or property.

Many owners hold wealth in a company rather than cash. That can create a problem if a sudden bill hits the estate. In the UK, charges apply if the estate exceeds the nil‑rate bands and the excess may be taxed at 40%.

This buyer’s guide will show what a policy can do well — provide quick cash to meet a bill — and what it cannot do alone without the right structure. We will cover policy type, sum assured, trust setup and who should be involved: executors, trustees and advisers.

We keep the focus on practical steps to protect your family, not on tricks. For a useful background, see our detailed guide which explains trusts and timing in plain English.

Key Takeaways

  • Put the policy in trust to keep the payout outside the estate.
  • Whole‑of‑life cover is usually needed to guarantee a payout.
  • Match the sum assured to the expected liability and thresholds.
  • Trustees and advisers should be notified of your plans.
  • Planning aims to protect family outcomes, not to remove responsibility.

How inheritance tax works in the UK when business assets form part of your estate

We explain what HMRC counts towards your estate and why that matters if you hold company value.

Your estate is the total of possessions minus debts when you die. That can include shares, investments and a policy payout unless it is put into trust.

inheritance tax

What HMRC treats as part of the estate

Included: property, shareholdings, cash, investments and certain payouts.

Excluded if in trust: some policy proceeds and assets held outside your name.

Key bands and the 40% rate

  • The nil-rate band is £325,000.
  • The residence band can add up to £175,000 when you leave a main home to children or grandchildren.
  • Amounts above available bands are usually charged at 40% — only the excess is taxed.

Spouses and civil partners can pass assets between them free of charge and unused allowances can be transferred. This often means many families only face a charge after the second death.

Why business assets can create an inheritance tax liability for your family

A. When shares or partnership stakes make up most of your wealth, a headline valuation can hide a serious cash shortfall at death.

Unlisted company shares and AIM holdings often carry that risk. They can be hard to sell quickly and may have big swings in value.

Partnership interests and some private investments can be equally illiquid. That means heirs may face a real liability even if the holding seems valuable on paper.

business assets

Shares, AIM positions and where the risk arises

Key red flags include recent acquisitions, concentrated holdings and unclear sale rules. These make it harder to raise cash when a charge falls due.

Partnership interests and common scenarios

Partners may have capital tied up in trading or joint ventures. That can delay realising value or force a rushed sale at a low price.

Why the first two years are critical

Under current rules, reliefs such as Business Property Relief may not apply immediately. Dying within two years of buying a qualifying interest can leave the estate exposed to a 40% IHT rate on the value that is part of the estate.

  • Valuable on paper, but poor liquidity creates practical problems.
  • Market moves and valuation jumps can increase your family’s potential liability.
  • Recent purchases, concentrated holdings or no shareholders’ agreement are red flags — act now to protect people you care about.

life insurance for inheritance tax on business assets uk: what it is and when it’s worth considering

We explain the practical purpose.

What this cover does: it creates a lump sum that your family can use to pay an IHT bill without selling shares, breaking up a partnership or using the home as collateral.

This is most useful when an estate is large, holdings are illiquid or there is limited time before reliefs apply. A single payout can plug a cash shortfall quickly and give executors breathing space.

Who it helps: directors, owners of unlisted or AIM holdings and partners with concentrated capital. It is less relevant for smaller estates that sit below the thresholds.

life insurance for inheritance tax on business assets uk

Planning for children and next of kin

There is generally no charge between spouses or civil partners. That means many families plan around the second death, when children or next of kin might face a bill.

This approach protects more than the firm. It can safeguard the family home and avoid forced sales that reduce long-term money for heirs.

When to consider cover

  • Large estates where a 40% charge would be significant.
  • Illiquid holdings that are hard to convert quickly.
  • Short timeframes, such as the two-year window affecting reliefs.
ScenarioReason to use coverExpected outcome
Director with unlisted sharesShares hard to sell quicklyCash available to settle a bill without selling stake
Partner in a joint ventureSale would disrupt tradingBusiness continuity preserved; family protected
Owner with high property valueHome at risk if funds neededHome retained; heirs avoid forced sale

We recommend speaking to an adviser early. For a broader perspective, see this planning guide that covers practical steps and trust options.

How life insurance can be used to pay inheritance tax without waiting for probate

The clock on an IHT payment can run out long before shares or property can be sold to raise funds. We explain how a policy can bridge that gap so families are not forced into a rushed sale.

Why the six‑month deadline matters

Inheritance tax usually needs settling within six months of death. That creates pressure when the estate is tied up in illiquid holdings.

Probate delays and shortfalls

Probate often takes about 16 weeks and can stretch longer. If a payout forms part of the estate, access may be delayed while executors wait for the grant.

inheritance tax

Using the payout to avoid forced sales

When a policy is written in trust it can be paid more quickly and sit outside estate processes. That cash is then available to settle the IHT bill.

  • Clears the immediate bill so heirs keep the family home.
  • Prevents hurried sales of shares or other assets.
  • Helps maintain ownership while valuations or shareholder talks continue.

We also stress communication. Tell executors and trustees where paperwork lives. Even without probate, insurers need documents. Good records speed payment and protect your family’s future.

Putting a life insurance policy in trust to keep the payout outside your estate

A policy held in your name can accidentally swell a taxable estate unless you act early. Unless a written trust is in place, a payout may be treated as part estate and increase a charge. Placing a policy in trust usually keeps the sum outside estate processes.

trust

How a trust works

Trustees are the legal owners. They claim the payout and manage distribution. Beneficiaries are the people who will receive the money.

Speed and access

A policy trust can speed access. Payouts can arrive in weeks rather than months while probate proceeds. That quick cash can prevent rushed sales or unwanted borrowing.

Trust set-up basics

The two key documents are the trust deed and your letter of wishes. The deed is the legal framework. The letter of wishes guides trustees about who should benefit.

ItemPurposeTypical choice
TypeControl distributionAbsolute or discretionary
BeneficiariesWho benefitsNamed individuals or a group
DocumentsSets rulesWritten trust deed and letter of wishes
TimescaleAccess after deathWeeks, not months; trustees act

Common errors include leaving a policy untrusted or naming beneficiaries who won’t cover the bill. Trust choices are hard to change, so we recommend professional advice before you sign.

Choosing the right policy type for business-asset inheritance tax planning

Start by asking whether you need certainty that a payout will come at any stage, or just for a short window. That decision guides whether a whole‑of‑life or a term product is the better match.

policy selection

Whole of life cover for long-term liabilities

Whole of life policies pay whenever death occurs. They are suited to long-term exposure where the probable amount due may arise many years ahead.

We favour this when the goal is reliable funding without timing risk. Trustees can use the cash quickly and avoid forced sales.

Level term cover for short relief windows

Level term can work well where a fixed exposure exists for a set number of years. A common example is the early period before certain reliefs apply.

This gives certainty of the sum for that window, without the higher cost of whole‑of‑life cover.

Single life vs joint life, second death

Single life policies suit individuals who expect the charge to fall at first death. Joint life, second death policies often suit couples where the burden will arise after the survivor dies.

Choose the structure that mirrors who is most likely to carry the liability.

Why decreasing cover can be unsuitable

Decreasing cover reduces the sum over time. That makes sense where the amount due falls, such as a mortgage reducing.

Where the likely amount stays the same across a short window, decreasing cover can leave a shortfall. We caution against it if the expected payment does not fall.

Buyer questions to resolve:

  • How long does the risk last?
  • Will the probable amount move a lot?
  • Do you need certainty now or flexibility later?
SituationBest fitWhy
Long-term, uncertain timingWhole‑of‑life policyGuaranteed payout whenever death occurs
Short window (e.g., 2 years)Level term insurance policyCost-effective cover for fixed period
Couple planning for second deathJoint life, second death policyPays after both have died; matches second-death liability

We recommend discussing options with an adviser early. For further guidance, see our practical planning guide.

How much cover do you need to protect business assets from an inheritance tax bill?

A simple calculation can turn a headline valuation into a realistic cash requirement for heirs.

Estimating the potential IHT amount: applying the 40% charge to the taxable value

First, total the estate value. Then subtract the nil‑rate band and any residence allowance that applies.

Apply 40% to the remaining taxable amount to get a baseline IHT figure. This gives a clear target sum.

Worked example mindset: translating an asset value into a likely tax bill

Think in steps: estimate the shareholding value, add other investments and cash, subtract allowances and reliefs.

That taxable amount × 40% shows the likely money needed. Use this to set a deliberate cover amount, not a guess.

Reviewing cover over time as business values, investments and allowances change

Values move. New capital, major sales or a share purchase can change the liability quickly.

We recommend scheduled reviews and these triggers: sale/purchase of shares, refinancing, large valuation uplift, or family changes.

  • Keep it affordable: choose cover you can maintain.
  • Keep it adequate: update when the estate value or band changes.
StepActionOutcome
1Calculate estate and allowancesTaxable amount
2Apply 40%Estimated IHT
3Match cover to that estimatePlanned cash to meet liability

Picking the right trust and beneficiaries for your inheritance tax life insurance policy

Who holds control and who benefits are the two decisions that shape any effective trust plan.

Absolute trusts name fixed beneficiaries. Their shares are set. That gives certainty but limits future change.

If a named beneficiary dies before you, their estate may inherit their share. That can be an unwanted result if your family circumstances shift.

Discretionary trusts give trustees flexibility. They can choose from a defined class — for example, children and future grandchildren.

A non-binding letter of wishes helps. It guides trustees without creating legal hurdles. Keep it clear and updated.

Choosing beneficiaries and aligning roles

Decide whether to name specific individuals, a group, or a charity. Think who will actually need the payout to settle any charge.

  • Prefer beneficiaries who are likely to meet the bill.
  • Avoid putting trustees in distant locations or who are hard to contact.
  • Tell your executors where documents live so they can act fast.

Practical tip: align trustees and executors so the payout is used as intended and delays are minimised.

When in doubt, seek professional advice from experienced advisers. Complex families or significant business interests make expert help worth getting.

Buying checklist: costs, health, timing and getting the policy set up correctly

Start by knowing the key costs, medical checks and timing issues that shape any good policy.

When to act

Act early. Younger age and better health usually lower premiums. That makes planning now more affordable than leaving it until later.

Health and underwriting

Insurers review medical history, current conditions, occupation and lifestyle. Be ready to share records, GP notes and medication details.

Disclosure matters. Honest answers speed underwriting and reduce the risk of declined claims later.

Premiums and tax

Payouts are generally tax free for beneficiaries, but a policy not held in trust can form part of the estate and affect tax liability.

Premiums are not tax deductible. Regular premiums paid into a trust may count as gifts from income and can be exempt, subject to your personal circumstances.

When to speak to an adviser

Talk to an adviser if you have substantial company value, complex trusts or mixed beneficiaries.

Bring an asset list, recent valuations, wills, any trust documents and a clear statement of who should benefit. This saves time and helps advisers give precise advice.

  • Checklist: decide timing, get health info, set up the trust, name beneficiaries and confirm affordability.
  • Review cover after major business events or family changes.

Conclusion

Protecting family choices means turning a potential bill into a predictable, payable sum.

When company value is locked in shares or property, paper worth rarely equals quick cash. A clear cover plan held in trust creates a dedicated pot that keeps the payout outside the estate and speeds access.

Remember the six‑month payment window and that probate can take months. Choose the right policy type, set the correct cover amount and pick trustees and beneficiaries who will act swiftly.

Key benefits include avoiding forced sales, easing pressure on executors and helping preserve the family home. Start by sense‑checking your likely exposure, list holdings and timings, then speak to an adviser. For practical next steps see our advice on inheritance tax planning.

FAQ

What counts as my estate and why does it matter if I own a company or investments?

Your estate includes everything you own that has value when you die — property, cash, shares, partnership stakes and many investment holdings. For business owners and investors, those unquoted shares, AIM positions or partnership interests can form a large part of your net worth. That matters because the total estate value helps determine any tax charge, and illiquid holdings can leave families short of cash to pay bills without selling the business.

What are the current nil-rate band and residence nil-rate band thresholds?

The nil-rate band lets a portion of an estate pass free of charge, and the residence nil-rate band can add an extra allowance when a main home passes to direct descendants. These thresholds change with government policy, so we advise checking the latest figures on HM Revenue & Customs or speaking to an adviser to see how they apply to your situation.

When does the 40% charge apply to an estate?

The 40% charge generally applies to the part of a taxable estate above the available allowances. If your estate’s taxable value exceeds the combined nil-rate bands, the excess is usually taxed at this rate. Business valuations, reliefs and allowable deductions can change the taxable total, so accurate valuation matters.

Which types of company holdings can create a tax liability for my family?

Risk often arises from unlisted company shares, holdings on the Alternative Investment Market and certain private equity positions. These can be valuable yet tricky to value or sell quickly, so they can increase the estate’s taxable value while leaving little cash to meet liabilities.

How do partnership interests and some investments create IHT exposure?

Partnership stakes and some investments are counted as part of your estate. If they don’t qualify for reliefs, their market value adds to the total estate and can push you into a taxable band. Partnerships may also be hard to transfer, which complicates affairs for survivors.

What is Business Property Relief and why do the first two years matter?

Business Property Relief can exempt qualifying business assets from the charge after a qualifying period, often two years. If that period hasn’t elapsed when you die, the asset may not benefit from relief, creating a sudden liability that your estate must meet.

How can a protection policy help pay a bill without selling the business?

A properly structured policy provides a cash lump sum to your chosen beneficiaries or trustees. That cash can be used immediately to settle any tax bill, protecting the business from forced sales or distress disposals and preserving family ownership and value.

Why are spouses and civil partners treated differently in planning for children and next of kin?

Transfers between spouses or civil partners are generally exempt, which can reduce immediate tax exposure. However, on the second death the combined estate is assessed. Planning must reflect family structure and succession wishes, especially when children or other relatives are beneficiaries.

When is a protection policy most relevant for business owners?

It’s most relevant where estates are large, holdings are illiquid and timeframes are tight — for example, when Business Property Relief has not yet completed its qualifying period or when market conditions make a sale impractical. A cover solution gives breathing space to protect value.

Why must the tax be paid quickly and how can delays cause problems?

The charge is time-sensitive: a substantial portion is normally due within six months of the end of the month of death. Probate can take longer, so without accessible funds families may face interest charges or be forced to sell assets at unfavourable prices.

How does putting a policy into a trust keep the payout outside the estate?

If a policy is assigned into a trust and the trust owns it, proceeds usually fall outside your estate for taxation. Trustees receive the sum and distribute it to beneficiaries under the trust terms. This helps ensure funds won’t form part of the estate value used to calculate any charge.

When could a payout still be treated as part of my estate?

If you retain legal ownership of the policy, name your estate as beneficiary, or set up the trust incorrectly, the proceeds can fall back into your estate and increase the taxable value. Proper setup and independent advice are essential to avoid this risk.

How quickly can trustees access funds compared with probate timelines?

A correctly structured trust often allows trustees to claim and receive funds within weeks, not months. That speed helps meet immediate liabilities like tax and protects family cashflow while executors complete probate.

What are the basic steps to set up a trust for a protection policy?

Key steps include drawing a trust deed, naming trustees and beneficiaries, completing an assignment form with the insurer and keeping a clear letter of wishes to guide trustees. An adviser or solicitor can ensure the deed is valid and fits your goals.

Which policy types suit different planning horizons?

Whole-of-life policies give certainty for long-term liabilities because they pay on death whenever that occurs. Level term policies suit short, defined windows such as securing relief qualification periods. Your advisers will match the structure to the timing of probable tax exposure.

Should I choose single-life or joint-life second-death cover?

Single-life covers one person and pays on their death. Joint-life second-death pays only after both lives end. If you want to protect the surviving spouse and preserve assets for children later, second-death can be efficient. If immediate cover on the first death is required, single-life may be better.

Why might decreasing cover be unsuitable when the tax amount stays the same?

Decreasing cover reduces the payout over time. If your likely liability remains steady or rises with asset value, a decreasing arrangement may leave a shortfall when the money is needed most.

How do I estimate the amount of cover needed to meet a potential charge?

Start by valuing the taxable portion of your estate and applying the current rate. Allow for costs, timing risk and valuation uncertainty. Many advisers use worked examples to translate an asset value into a likely bill and a recommended cover amount.

How often should I review my cover as business and allowances change?

Regular reviews — at least annually and after major events such as business sales, large investments or family changes — keep cover aligned with liabilities and the latest allowances. That avoids under- or over-insuring.

What’s the difference between absolute and discretionary trusts for this purpose?

An absolute trust names specific beneficiaries and their shares — it’s fixed. A discretionary trust gives trustees power to decide who benefits and when. Each has tax and practical consequences, so choose based on how much flexibility you want.

Who should I name as beneficiaries of a trust-held payout?

Common choices are a surviving spouse, children, a prescribed class of family members or charities. Think about succession plans and potential future needs. An adviser can show how different choices affect control and tax outcomes.

Why align trustees with executors when possible?

Alignment helps ensure the insurance proceeds are used as intended alongside estate administration. But trustees have separate duties; choose people you trust who understand their responsibilities or consider a professional trustee.

When is it best to act to keep premiums lower?

Earlier action generally reduces cost because younger, healthier lives attract lower premiums. Acting before health issues or risky activities arise is usually more efficient and less stressful for your family later.

What health checks and underwriting should I expect?

Insurers commonly ask medical questions and may request GP reports, examinations or tests depending on age and sum insured. Full and honest disclosure is essential to avoid future problems with claims.

Are premiums or payouts taxable, and do gifts from income matter?

Premiums are normally not tax-deductible. Payouts from a trust-held policy are typically paid tax-free to beneficiaries, though circumstances vary. Regular premium gifts from income can be exempt from inheritance tax if they meet certain conditions; an adviser can explain the rules.

When should I speak to a financial adviser and what should I bring to the meeting?

Speak to an adviser as soon as you suspect a potential liability or when major personal or business events occur. Bring recent valuations, company documents, wills, details of investments and a list of family beneficiaries. This helps produce clear, personalised options.

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