Brad is on the roll of solicitors of England & Wales but does not hold a practising certificate and does not provide legal advice.
Updated June 2026 · England & Wales
Sorting out the estate of someone who has died is rarely straightforward, and the rules around Inheritance Tax (IHT) add another layer of complexity on top of an already difficult time. Whether you are planning ahead to protect what you leave behind, or you have been named as an executor and need to work out what to do next, it helps to understand how the tax and the probate process fit together.
This guide sets out the basics for England and Wales: how IHT is calculated, what reliefs may apply, what probate actually involves, and the order in which things tend to happen. It is not a substitute for speaking to someone about your own circumstances, but it should give you a clearer picture of what lies ahead and the decisions you may need to make.
Overview
Inheritance Tax is a charge that can apply to the value of a person's estate when they die. The estate includes things like the family home, savings, investments, vehicles, personal belongings, and in some cases gifts made in the years before death.
Whether any tax is actually due depends on the total value of what has been left behind and who is inheriting it. There is a tax-free threshold known as the nil rate band. Estates valued below this figure generally pay no IHT at all.
Where the estate sits above the threshold, tax is typically charged at a set rate on the portion above it. Transfers between spouses and civil partners are usually exempt, and gifts to registered charities are treated generously. An additional allowance, often called the residence nil rate band, may be available where a main home is passed to direct descendants. Because thresholds and rates can change, always check the current figures on gov.uk before making calculations.
Key steps
Register the death and locate the will. Registration is usually done within a few days at the local register office, either in person, by phone, or online depending on the area. At the same time, track down the most recent will, since this identifies the executors and sets out who inherits what. If there is no will, the intestacy rules decide who can apply to administer the estate.
Identify assets, debts, and lifetime gifts. Build a complete picture of what the deceased owned and owed at the date of death. This means contacting banks, pension providers, insurers, mortgage lenders, and utility companies, and checking paperwork for property, shares, and business interests. Significant gifts made in the seven years before death may also need to be factored in when calculating the taxable estate.
Value the estate accurately. Each asset needs a realistic value as at the date of death, not a rough estimate. Property usually requires a formal or professional valuation, while items such as jewellery, vehicles, and collections may need specialist input. Debts, funeral costs, and certain liabilities can be deducted. Getting this right matters, because HMRC can challenge undervaluations and executors can be held personally responsible for errors.
Report to HMRC and pay any tax due. Executors must report the estate's value to HMRC using the appropriate account form, even where no tax is payable. If IHT is owed, at least some of it generally needs to be settled before a Grant of Probate can be issued. HMRC offers an instalment option for certain assets like property, but interest may accrue on unpaid amounts, so check the current rules on gov.uk.
Apply for the Grant and distribute the estate. Once HMRC has been dealt with, executors apply to the Probate Registry for a Grant of Probate (or Letters of Administration if there is no will). The Grant proves legal authority to collect in assets, settle remaining debts, and pay beneficiaries. Executors should keep detailed accounts throughout and only distribute once they are satisfied all liabilities have been addressed.
The main nil rate band has sat at a fixed figure for some years, and an additional residence nil rate band may apply when a home is left to children or grandchildren. Because allowances and rates are set by the government and can change in Budgets, always check the current figures on gov.uk before relying on them for planning or calculations.
Q Do I always need a Grant of Probate?
Not always. If the estate is small, or most assets were held jointly and pass automatically to a surviving owner, some banks and institutions may release funds without a Grant. Where there is property in the sole name of the deceased, or substantial balances held individually, a Grant is usually required. Each institution sets its own thresholds.
Q Who is responsible for paying Inheritance Tax?
The executors named in the will, or the administrators where there is no will, are responsible for reporting the estate to HMRC and paying any IHT due from estate funds. In some cases, beneficiaries who received lifetime gifts may become liable if tax relating to those gifts is not settled by the estate. This is an area where getting things wrong can create personal liability.
Q Can gifts made before death reduce Inheritance Tax?
Lifetime gifting can be a useful planning tool, but the rules are detailed. Gifts made within a set number of years before death may still be brought into the IHT calculation, with tapered relief sometimes applying. There are also annual exemptions, gifts out of surplus income, and specific allowances for weddings. The interaction of these rules is often where people trip up.
Q How long does probate usually take?
Timeframes vary considerably. Straightforward estates can be wound up within several months, while those involving property sales, business interests, overseas assets, or disputes between beneficiaries can take well over a year. Delays at the Probate Registry and HMRC can also affect timescales. Executors have duties throughout and should not feel pressured to distribute before they are ready.
Q What happens if someone dies without a will?
The intestacy rules in England and Wales decide who inherits and in what shares. These rules follow a strict order based on family relationships and do not always reflect what the deceased would have wanted. Unmarried partners, for example, have no automatic entitlement under intestacy. Sorting out an intestate estate tends to be more complex than one with a clear, valid will.
Q Are there ways to reduce a future IHT bill?
There are legitimate planning options, including making use of spousal exemptions, leaving a portion of the estate to charity, structured lifetime gifting, and reviewing how assets are owned. Business and agricultural reliefs can also be significant for qualifying assets. The right approach depends entirely on personal circumstances, so it is worth thinking through the options well in advance rather than leaving it late.
Inheritance Tax rules, reliefs, and the probate process interact in ways that are rarely obvious from the outside. An experienced legal adviser can talk it through with you on the phone and help you think about next steps based on what you describe.
✓Plain-English answers to your specific questions about IHT and probate
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✓Clarity on what to watch out for as an executor or when planning ahead
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Written & reviewed by
Brad Askew Solicitor (non-practising)
Brad is on the roll of solicitors of England & Wales but does not hold a practising certificate and does not provide legal advice. LegalDocuments.co.uk is not a law firm and does not provide regulated legal advice.
This article is for general information only. It is a tool to help you find your way — not legal advice, and not a substitute for speaking to a qualified adviser about your situation.