Inheritance Tax Explained
Not every estate is subject to inheritance tax, but where it applies, it must be addressed as part of the probate process, often before the Grant of Probate is issued.
As of 2026, inheritance tax may apply where the total value of the estate exceeds £325,000. The rate is 40% on the amount above that threshold. An additional allowance of up to £175,000 may apply where a residential property passes to direct descendants, potentially increasing the effective threshold to £500,000.
Married couples and civil partners can leave assets to each other free of inheritance tax, and any unused allowance can be transferred to the surviving partner's estate, potentially doubling the threshold available on the second death.
Reliefs may also apply in certain circumstances, including for business and agricultural property, which can significantly reduce or eliminate a liability.
Accurate valuation of all assets, including property, savings, and investments, is essential before the application is made. Errors in valuation or reporting can delay the grant and may result in additional tax liability or penalties.
At MJV Solicitors, we guide executors through the inheritance tax position as part of the wider probate process.