Inheritance Tax (IHT) and Structuring Debt for Estate Planning

Inheritance Tax (IHT) and Structuring Debt for Estate Planning

Using debt to preserve liquidity, mitigate IHT exposure, and maintain intergenerational control

The Evolving Landscape of Estate Planning

Inheritance Tax (IHT) remains one of the most significant considerations for individuals with estates valued above £2 million. With the nil-rate band frozen and asset values, particularly property, remaining elevated, more families are now facing substantial tax liabilities on death. While traditional estate planning often leans heavily on gifting, trusts, and life insurance, one increasingly relevant but under-discussed tool is debt structuring.

In the context of estate planning, debt can be more than a liability. When implemented thoughtfully, it can serve as a liquidity mechanism, an offset to taxable value, and a strategic tool to retain control over assets while reducing overall IHT exposure. However, it must be used with care, underpinned by advice from both tax professionals and lending specialists.

IHT: Why Structuring Matters

Under current UK rules, individuals are subject to IHT at 40% on the value of their estate above the nil-rate thresholds. For many private clients, these thresholds are quickly surpassed, particularly where property, business assets, and investment portfolios are held.

Given the flat nature of these allowances, the IHT burden often grows disproportionately with asset value. As a result, preserving liquidity within the estate, and reducing the chargeable estate value itself, becomes paramount. Debt, particularly where it is properly secured and legitimately incurred, can play a role in both of these areas.

Debt as a Deductible Liability

One of the more direct ways debt impacts IHT is through deduction. The value of an estate is calculated net of liabilities, which means that certain outstanding debts at the time of death can reduce the taxable value of the estate.

This principle opens up several potential strategies:

  • Asset-backed borrowing: Securing borrowing against property, investment portfolios, or other estate assets can provide liquidity for gifts, trust funding, or lifestyle needs while simultaneously reducing the net estate value.
  • Intergenerational loans: Rather than gifting outright, some clients choose to lend funds to children or grandchildren for property acquisition or business investment. These intra-family loans remain part of the estate as receivables, but if offset by secured borrowing, the estate value may be adjusted accordingly.
  • Portfolio leveraging: For clients with substantial investments, a well-structured credit facility can allow for liquidity access without triggering Capital Gains Tax, while reducing the estate’s net value on death. This is particularly relevant where assets are intended to be held long-term.

It is important to note, however, that not all debt is automatically deductible. HMRC applies specific rules around the purpose of borrowing and repayment potential, and deductibility may be denied if debt is used to acquire excluded property or if it appears to be primarily for tax advantage. We are not tax advisers, and this would require tax advice from your tax advisers.

Accordingly, any debt-based estate planning must be undertaken with input from a qualified tax adviser to ensure that it falls within allowable definitions and does not contravene anti-avoidance rules.

Managing Liquidity and Control

Beyond reducing the chargeable value of an estate, borrowing can also serve a more practical purpose: ensuring that executors have sufficient liquidity to settle IHT liabilities without triggering fire sales of illiquid assets such as property or business interests.

For example:

  • A client with significant property assets but limited cash may use borrowing to create a liquidity buffer, enabling the estate to settle tax liabilities on death without the forced sale of key properties or family holdings.
  • Where gifting is intended but there is reluctance to give up control prematurely, borrowing can provide the means to fund lifetime trusts or family investment companies while retaining strategic authority over the underlying assets.

This is particularly relevant for clients who are asset-rich but income-light, or those whose succession planning includes philanthropic or structured legacy ambitions.

Lending Landscape and Structuring Options

Private banks and specialist lenders increasingly recognise the role of debt within estate and succession planning. Facilities can be structured flexibly, often with interest rolled-up or serviced via external income sources, and tailored to the client’s estate strategy.

Common arrangements include:

  • Interest-only facilities secured on residential or investment property, with repayment planned via asset disposal or insurance payout
  • Investment-backed loans using a managed portfolio as collateral, with the ability to maintain market exposure while accessing liquidity
  • Cross-generational lending where parents retain control of the borrowing, while children benefit from the capital injection (e.g. via shareholder loans into family investment companies)

Henry Dannell frequently works alongside legal and tax advisers to ensure that lending structures complement wider estate plans. Key considerations include the visibility of liabilities within the estate, the sustainability of interest payments, and the interaction with Business Property Relief and other IHT mitigation strategies.

Gifted Equity, Rise Of Concessionary Purchases

We have seen a rise in concessionary purchases among high-net-worth individuals who are looking to gift their property assets down to children or grandchildren; this could be for a wider portfolio of properties being gifted or for passing down of the family home. When structured correctly using the right mortgage advice and protection advice on how to ensure the liability, this can be a valuable tool in transferring wealth.

Risks and Considerations

While debt structuring can offer genuine IHT planning benefits, it must be approached with caution:

  • Regulatory scrutiny: HMRC is increasingly focused on debt arrangements that appear artificial or motivated purely by tax reduction. Clear commercial rationale and proper documentation are essential.
  • Interest burden: Particularly with rising rates, interest servicing must be weighed carefully against investment returns or other opportunity costs.
  • Impact on beneficiaries: Borrowing to reduce estate value may impact the net inheritance received, particularly if repayment is due from the estate or if asset values fluctuate.

Above all, debt should not be viewed as a stand-alone solution but as part of a coordinated estate plan, aligned with long-term intentions, supported by professional advice, and executed with full transparency.

Planning with Purpose

For private clients with estates exceeding £2 million, debt structuring offers a compelling, though nuanced, addition to the estate planning toolkit. When used appropriately, it can reduce taxable estate value, preserve liquidity, and support a more controlled and deliberate transfer of wealth.

At Henry Dannell, we work closely with our clients’ legal and tax teams to deliver lending strategies that sit in harmony with broader estate objectives. Whether funding lifetime gifts, navigating liquidity needs, or optimising intergenerational plans, our approach is to structure debt not as a burden, but as a strategic lever.

If you would like to explore how borrowing could support your estate planning objectives, we welcome the opportunity to offer discreet, tailored advice in line with your long-term goals.


Please note: tax treatment is based on individual circumstances and may be subject to change in the future. Information is based on our current understanding of taxation legislation and regulations. Any levels and bases of, and reliefs from, taxation are subject to change. Please also note: the Financial Conduct Authority does not regulate will writing, inheritance tax planning, and trust planning.