IHTM17071 - Lifetime transfers of death benefits: assignment of death benefits


Where the member transfers their death benefits ( IHTM17030) to a trust a claim to IHT arises on the lifetime transfer ( IHTM14421) under IHTA84/S3 (1). All cases where the member transfers their death benefits to a trust should be referred to TG at IHT Edinburgh in the first instance.

The loss to the estate ( IHTM04054) on a transfer is calculated by the pension specialist in TG in conjunction with the BAO. If the transferor is in good health with normal life expectancy etc then it is likely they will survive to take their retirement benefits ( IHTM17030) at some later date at which time the death benefits will lapse. In those circumstances, at the date of transfer the death benefits have a nominal value only. Generally, if the transfer is made more than 2 years before the death then, unless there is specific evidence to the contrary, TG will assume the transferor was in normal health at the time and no further investigation will be necessary.

Where the member has assigned the death benefits within 2 years of their death this should be reflected in the answer to question 16 on the IHT409. If this information has not been given on the IHT409 but comes to light in correspondence you should refer the case to TG at IHT Edinburgh.