MP Estate Planning UK

Using Multiple Trusts to Reduce Inheritance Tax Exposure

using multiple trusts to manage inheritance tax exposure uk

We explain, in plain English, how families have used several trust structures over a lifetime to shield value from IHT. Our aim is practical. We show what these arrangements try to achieve: moving property and assets out of an estate while keeping sensible family safeguards in place.

We outline the core idea simply: the tax system looks at how much value leaves your estate and when. Timing and paperwork matter as much as the trust itself. This approach often suits homeowners aged 45–75 who want to protect children and grandchildren.

We introduce the planning logic behind a careful spread of gifts over years, staying within allowances and avoiding accidental triggers that create extra charges. For practical examples of frameworks and settlor order, see a useful guide on a three‑trust framework. For advice on securing property in trust, read detailed guidance at protect your property in trust.

Key Takeaways

  • Practical focus: control dates, documentation and funding rather than legal jargon.
  • Timing matters: when value leaves an estate affects IHT outcomes.
  • Spreading gifts over a lifetime helps stay within allowances and reduce risk.
  • Property planning must consider relevant property rules and the nil rate band.
  • We will cover ten‑year and exit charges and recent same‑day changes.

How using multiple trusts to manage inheritance tax exposure uk works in practice

In real planning, the timing and character of each trust decide whether a nil allowance can apply again. We explain what HMRC treats as relevant property and why that status means ongoing IHT charges under the relevant property regime.

relevant property

Relevant property covers discretionary-style arrangements where assets sit in trust and are not held for a single beneficiary. That placement draws the regime’s periodic and exit charges.

Historically, people repeated the nil rate band by creating separate structures on different days. The classic Rysaffe approach relied on this principle: more than one trust could each attract a nil allowance if funded on distinct dates.

What changed from April 2015

From 6 April 2015 new rules limited “same day” additions. If several settlements were funded on the same day they could share one nil rate only.

Trusts set up before 10 December 2014 kept protection, provided no further same‑day additions were made after that date or additions stayed below £5,000. Wills drawn before 10 December 2014 and death before 6 April 2017 also had transitional cover.

  • Practical takeaway: the law did not ban more than one trust, but the date and clear paperwork became essential for compliant tax planning.

Setting up and funding multiple trusts without falling foul of the “same day” rules

Good planning nails the date and record‑keeping as much as the legal form of the arrangement.

Choosing the right structure matters. Discretionary arrangements give family flexibility but sit in the relevant property regime and can face periodic and exit charges. Pilot arrangements keep pots separate and help when the aim is a clean split of value.

Establish on different days and keep a short deed note that records the day, the settlor, the value transferred and the purpose.

multiple trusts set different days

Funding rhythm and settlor position

Many families settled value up to the nil rate band and then waited several years before a fresh transfer. Waiting the seven years between major gifts reduced charge risk.

Keep control through trustees and letters of wishes. Avoid arrangements that make the settlor look like the recipient for income purposes. A deed of variation within two years of death can route an inheritance into a discretionary arrangement, but that can create income tax consequences if the original beneficiary (or their spouse) can benefit.

Common pitfalls and a quick checklist

  • Watch same‑day top‑ups: they can link arrangements and cancel separate allowances.
  • Avoid casual top‑ups to older settlements after protected dates.
  • Keep clear records: dates, reasons, transfers and deeds of variation.
IssueWhat to doWhy it matters
Same‑day fundingStagger transfers on different days and note time and purposePreserves separate nil rate claims and avoids aggregation
Deed of variationUse within two years of death; record beneficiary statusCan move property outside the estate but watch income rules
Settlor controlUse trustees and letters of wishes; avoid direct benefit rightsHelps protect tax position and family intent

For practical next steps and a fuller guide on how we help clients secure their plans, see our short guide to secure your family’s future.

Calculating inheritance tax, ten-year charges and exit charges under the relevant property regime

We explain how periodic and exit levies are calculated, and which numbers trustees must watch.

relevant property

How ten‑year (periodic) charges are worked out

At each ten‑year anniversary the trustees calculate the value of the trust and compare it with the nil rate band equivalents held against the settlement. The result gives an effective rate that can produce a charge up to a 6% cap.

The rate band in this context means the slice of nil‑rate entitlement available to that settlement, not the headline personal allowance people often expect.

How exit charges apply and why timing matters

An exit charge arises when assets leave a settlement. The trustees look at the value at the exit date and the time since the last ten‑year anniversary.

Longer gaps after an anniversary usually reduce the effective rate. Exiting soon after a ten‑year point can increase the charge.

Post‑2015 simplification

From 6 April 2015 non‑relevant property no longer needs inclusion in ten‑year or exit calculations. This rule cut complexity for many discretionary arrangements under the relevant property regime.

Keep assets under review

Regular valuations, clear records and thinking ahead about planned exits help lower future liabilities. Note the key dates: settlement date, ten‑year anniversary, current value and any past exits.

What you needWhy it mattersAction
Settlement dateStarts the first ten‑year periodRecord deed and value on that day
Ten‑year anniversaryTriggers periodic charge calculationArrange valuation and apply relevant rate band
Exit date & valueDetermines any exit chargePlan timing; quantify effect on effective rate

For practical payment options and planning scenarios see our short guide on paying IHT in instalments.

Conclusion

The real value in careful arrangements lies in control over when assets leave an estate and why.

Well-set plans are not magic. When families use multiple trusts sparingly and with clear dates, they can protect property across a lifetime and limit sudden charges on death.

Keep paperwork simple and act early. Avoid same‑day top-ups, keep clear records and treat trust administration as part of your overall tax and estate plan.

Remember that ten‑year and exit charges can apply, but those costs will often sit against a 40% inheritance tax hit on passing an estate outright. A useful concession is that a will appointment in favour of a surviving spouse made within three months of death may be read back into the will and exempt.

Next steps: confirm objectives, map your estate, choose the right trust approach and set a review rhythm. For practical guides on how trust funds can help, see how trust funds can help avoid inheritance.

FAQ

What is a relevant property trust and why does it matter for IHT charges?

A relevant property trust is a legal arrangement where assets are held away from the settlor’s estate for inheritance tax (IHT) purposes. It matters because such trusts sit under the relevant property regime, which can trigger periodic ten‑year charges and exit charges when assets leave. Clear classification helps you predict when HMRC may apply rates and plan around nil rate bands and charge bands.

How do nil rate bands and the relevant property regime interact with trusts?

The nil rate band is the IHT allowance available against transfers. Under the relevant property regime, each trust can be treated separately for ten‑year and exit charges. That means, if set up properly, trusts can each benefit from allowances and spread chargeable value, reducing the overall rate applied at the ten‑year point or on exits.

What changed in April 2015 about “same day” additions and multiple nil rate bands?

From 6 April 2015, HMRC tightened rules around settling or adding to several trusts on the same day. The key change stopped people getting multiple nil rate band usage simply by creating many trusts simultaneously. The rules now set limits and look at timing to prevent artificial multiplication of allowances.

Which dates should I be aware of for protected arrangements and transitional rules?

The important dates are 10 December 2014 and 6 April 2015. Trusts set up or funded before those dates may enjoy transitional protection. After 6 April 2015, the new restrictions take full effect. If you have historic arrangements, check if they qualify as protected to preserve earlier tax treatment.

How do we choose the right trust type for estate planning goals?

Choice depends on control, flexibility and IHT risk. Discretionary trusts offer beneficiary flexibility and are common for family planning. Pilot or purpose trusts serve specific aims but need careful drafting. We usually weigh who should control distributions, how beneficiaries may change, and the likely tax charges under the relevant property rules.

Can we avoid the “same day” rule simply by creating trusts on different days?

Yes. Establishing trusts on different dates helps avoid the interpretation that gifts were made on the same day. It is essential to document the exact date and the purpose of each settlement. Proper timing and contemporaneous paperwork reduce the risk of HMRC treating multiple settlements as a single event.

How should we fund trusts to make the most of the nil rate band over time?

A common approach is to settle value up to the nil rate band periodically, bearing in mind the seven‑year taper for lifetime transfers. That means planning gifts and settlements around the seven‑year rule and ten‑year trust charge cycle. Regular reviews help ensure values do not unexpectedly breach charge thresholds.

What steps protect the settlor’s position and avoid creating avoidable tax risk?

Keep control structures arms‑length, avoid retaining benefit that brings property back into the estate, and record the settlor’s intentions clearly. Limit powers that look like retention of benefit and keep trustee decisions independent. Good records and independent trustees reduce the risk of a trust being reclassified for IHT.

What common errors trigger unexpected IHT charges?

Typical mistakes are making multiple additions on the same day, topping up older trusts in ways that negate earlier planning, and poor record keeping on dates and purpose. These can lead HMRC to aggregate values or deny band usage, producing higher ten‑year or exit charges than expected.

How are ten‑year periodic charges calculated and what does “rate band” mean?

Ten‑year charges apply to the value of relevant property in a trust at each ten‑year anniversary. The charge depends on the value that exceeds any available nil rate band and is then applied pro rata using the prevailing rates set by HMRC. The “rate band” refers to the slice of value subject to a given percentage — planning aims to keep as much value beneath the nil rate band as possible.

How do exit charges work when assets leave a trust?

Exit charges apply when capital leaves a relevant property trust to beneficiaries or others. The charge is calculated by reference to the value of the asset leaving and the time since the last ten‑year anniversary, so timing can affect the rate. Strategically timing exits can reduce the percentage applied.

Has anything simplified since 2015 about non‑relevant property treatment?

Yes. Post‑2015 rules clarified that assets which are not relevant property, such as certain trusts for bereaved individuals or property held on strict purpose trusts, are excluded from ten‑year and exit charge calculations. This has helped in planning where non‑relevant classification applies.

How often should we review trust values and assets to limit future IHT risk?

We recommend an annual review and a fuller assessment every three years or after major changes, such as market swings, property sales or large gifts. Regular reviews let you adjust funding, time exits and consider new planning while keeping within the rules.

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