In trust or not in trust — the question everything else depends on
For every life insurance policy and investment bond in the deceased's name, the first question is always: was this written in trust? The answer determines whether it appears on IHT410 at all.
Policies written in trust — excluded from the estate
A policy 'written in trust' means the policyholder placed it into a legal trust at the time of taking it out (or later).
The trust owns the policy; the policyholder's estate does not.
When the policyholder dies, the proceeds are paid to the trust beneficiaries directly.
The executor has no role in claiming the money, and HMRC has no IHT claim over it.
Do not include these policies on IHT410.
How to tell if a policy is in trust
Contact the insurance company and ask: 'Was this policy written in trust? If so, can you provide a copy of the trust deed?'
Policies in trust typically have: a trust deed or 'expression of wishes' form on file; named beneficiaries who are not 'the estate'; a reference to 'trustees' in the policy schedule.
If the insurer has no trust documentation and the policy simply names the estate or personal representatives as beneficiary, it is not in trust.
Policies not in trust — included on IHT410
Any policy that was not placed in trust pays to the estate.
The executor claims the proceeds (with the Grant of Probate) and the payout is an estate asset for IHT.
Policies commonly not in trust: mortgage protection policies (many older ones), endowment policies, income protection policies with a death benefit, and older whole-of-life policies taken out before trust planning became standard.
Joint policies
A joint life policy (on two lives) typically pays on the first death to the surviving life assured, not to the estate — this is a contractual right under the policy, not a trust.
The payout goes to the survivor directly.
Only if both lives die simultaneously (extremely rare) would the estate receive the proceeds.
Do not include a joint life policy on IHT410 unless there is an unusual provision making it payable to the estate.
For every life insurance policy and investment bond in the deceased's name, the first question is always: was this written in trust? The answer determines whether it appears on IHT410 at all.