Alternatives to trusts for reducing or avoiding inheritance/estate tax include lifetime gifting (using annual exclusions), establishing Family Investment Companies (FICs), using Potentially Exempt Transfers (PETs) in the UK, utilizing life insurance, and holding property via joint tenancy. These methods shift asset ownership outside the taxable estate while often avoiding the complexity of trusts.
Bare trusts
Transfers into a bare trust may also be exempt from Inheritance Tax, as long as the person making the transfer survives for 7 years after making the transfer.
Joint ownership is another common method for passing assets without a will or trust. When two people own something jointly with rights of survivorship, the surviving owner typically receives full ownership automatically when the other passes away.
Give more money away
Lifetime gifting is a straightforward way to begin reducing your IHT bill. By gifting money during lifetime, that would have been part of an inheritance anyway, you reduce the size of your estate so that there is smaller amount subject to IHT on your death.
If you die within 7 years of making a transfer into a trust your estate will have to pay Inheritance Tax at the full amount of 40%. This is instead of the reduced amount of 20% which is payable when the payment is made during your lifetime.
However, there are ways to avoid probate without setting up a trust. One method to bypass probate is by holding property in joint ownership. If property is held jointly with the right of survivorship, it will automatically pass to the surviving owner(s).
You can transfer assets to the trust while getting an annuity payment. If the assets in the trust appreciate enough, you can pass that excess value to your heirs with little or no tax. GRATs are a popular wealth transfer strategy with ultra-wealthy Americans.
If you put things into a trust, provided certain conditions are met, they no longer belong to you. This means that when you die their value normally won't be counted when your Inheritance Tax bill is worked out. Instead, the cash, investments or property belong to the trust.
The crackdown has resulted in the ATO undertaking extensive audits of family trusts and historical distributions, and the issue of hefty Family Trust Distributions Tax (FTD Tax) assessments for noncompliance – being a 47% tax (plus Medicare levy) along with General Interest Charges (GIC) on any historical liabilities.
Fortunately, there are certain ways to minimize or even avoid paying these taxes altogether. Setting up a trust is one of the most common and effective ways to reduce inheritance taxes.
To avoid inheritance tax, the best places to live are U.S. states with no state estate or inheritance tax, such as Florida, Texas, Nevada, Arizona, South Dakota, and others listed below, which allows your heirs to receive assets without state-level death taxes, though federal rules and other state taxes (like property/income) still apply; for international options, countries like Singapore or specific Swiss cantons like Schwyz have no inheritance tax, but residency and asset location are key.
Another cheaper alternative to having a Living Trust drawn up – but not much cheaper – is a revocable transfer on death deed, and other so-called transfer on death designations.
When an individual transfers their real property to a trust it helps avoid this future court involvement. Faster transfer – Putting the house in a trust allows the parent to transfer their property more quickly, rather than having their children wait months or years for the probate process to conclude.
The "3-year rule" for irrevocable trusts, specifically Irrevocable Life Insurance Trusts (ILITs), means that if you transfer an existing life insurance policy into the trust and die within three years of the transfer, the policy's death benefit is included in your taxable estate, potentially defeating the estate tax benefits. To avoid this, it's better to have the ILIT purchase a new policy on your life from the start, as the trust (not you) owns the policy from issuance, bypassing the 3-year waiting period.
By leaving money in a trust, there is a clear line of what assets are inherited. If your beneficiary ever gets divorced, a clear demarcation of what's inherited offers some protection. By having the funds in trust, there may also be less pressure from their partner to put funds into a joint account and comingle them.
Ways to reduce Inheritance Tax
Children generally inherit significant amounts tax-free due to the high federal estate tax exemption, which is $13.99 million per individual for 2025, with a planned reversion to a lower amount ($5 million adjusted for inflation) in 2026, meaning very large estates are taxed, but most inheritances fall below this threshold, though some states have their own inheritance taxes. Heirs also benefit from the "step-up in basis," which lowers capital gains tax on inherited assets like stocks and real estate.
Transfer assets into a trust
Because those assets don't legally belong to the person who set up the trust, they aren't subject to estate or inheritance taxes when that person passes away. Setting up a trust also has other financial benefits, such as helping the estate avoid probate.
However, there is a little-known IHT loophole that does not have a set limit or post-gift survival requirement, known as 'Gifts for the Maintenance of Family'. Any gift that qualifies under this loophole is exempt from IHT. If HMRC decide that the gift was larger than reasonable, the reasonable part is still exempt.
The most common methods for transferring wealth to another person are via gifts, trusts, and wills. A fourth option, Family Limited Partnership, allows family members to buy shares in a family holding company and transfer assets that way, often income tax-free.