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Life event · Probate + IHT · UK 2026/27

Probate and Inheritance Tax - UK 2026/27

When a UK relative dies, the executor (named in the will) or administrator (intestacy) must obtain a Grant of Probate, settle the estate including any Inheritance Tax, and distribute assets per the will or intestacy rules. Most UK estates (around 4%) pay IHT. The combined nil-rate band of £325,000 plus residence nil-rate band of £175,000 means most estates under £500,000 single / £1m married pass IHT-free. From April 2027, pension benefits enter IHT - the biggest IHT change in a generation.

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What you need to know: Probate and Inheritance Tax - UK 2026/27

Quick answer: UK IHT 2026/27: nil-rate band £325,000 + residence nil-rate band £175,000 when main home passes to direct descendants. Married couples can transfer unused thresholds, giving a combined IHT-free estate up to £1,000,000 . Above thresholds: 40% IHT (or 36% if 10% of net estate left to charity). Probate process typically takes 3-12…

Key points:

UK IHT 2026/27: nil-rate band £325,000 + residence nil-rate band £175,000 when main home passes to direct descendants. Married couples can transfer unused thresholds, giving a combined IHT-free estate up to £1,000,000. Above thresholds: 40% IHT (or 36% if 10% of net estate left to charity). Probate process typically takes 3-12 months. From April 2027, pension benefits will be included in IHT estate - a major change requiring updated estate planning. Executors should expect 4-6 weeks for Grant of Probate after application; longer if HMRC has IHT questions.

The IHT thresholds explained

Threshold2026/27 amountNotes
Nil-rate band (NRB)£325,000Frozen until at least April 2030
Residence nil-rate band (RNRB)£175,000When main home passes to direct descendants (children, grandchildren)
Transferable NRB (TNRB)up to £325,000Any unused NRB from a pre-deceased spouse
Transferable RNRBup to £175,000Any unused RNRB from a pre-deceased spouse
RNRB taperReduces above £2m estate£1 reduction per £2 over £2m; fully gone at £2.7m
IHT rate40%On amount above combined thresholds
Reduced IHT rate36%If 10%+ of net estate left to charity

Worked example: married couple with main home

Mark dies in 2024 with no IHT (his £325k NRB + £175k RNRB unused, all assets to spouse).

His widow Sarah dies in 2026. Her estate: family home £600k, savings/investments £250k, total £850k.

  • Sarah’s own NRB: £325,000
  • Mark’s transferred NRB: £325,000
  • Sarah’s own RNRB: £175,000 (home passing to children)
  • Mark’s transferred RNRB: £175,000
  • Total IHT-free threshold: £1,000,000
  • Estate £850k < £1m: £0 IHT

The £1m combined threshold protects most family estates. Above £2m, RNRB tapers - large estates lose some of the £175k RNRB benefit.

The April 2027 pension IHT change - major rework needed

Significant change aheadFrom 6 April 2027, defined contribution pensions and unused pension funds will be brought within IHT for the first time. Currently (and until April 2027): DC pensions pass to nominated beneficiaries outside IHT, income-tax-free if death before age 75, taxable at beneficiary marginal rate if death after 75. From April 2027: pensions counted as part of the IHT estate. This is the biggest IHT change in a generation and will materially affect estate planning for higher-net-worth families.

Detailed rules and transitional provisions are still being consulted on. Implications likely include:

If you are over 60 with substantial pension wealth and an IHT-exposed estate, professional advice for the 2025-2027 window is strongly recommended.

The Grant of Probate process

Day 0Death registeredWithin 5 days. Hospital or GP confirms death. Register at local Register Office. Receive death certificate.
Week 1-2Find the will and notify beneficiariesLocate the will (often with solicitor or in personal papers). Identify named executor(s). Notify named beneficiaries.
Week 2-6List the estateCompile all assets (property, bank accounts, investments, pensions, life insurance, possessions over £500) and liabilities (mortgage, debts). Send each financial institution a death certificate.
Week 4-12Complete IHT forms (if applicable)For most estates: IHT205 (small estates under £325k, simplified). For larger estates: IHT400 plus supplementary forms. For exempt-spouse-only estates: IHT400 still required if value exceeds thresholds.
Week 8-12Pay any IHT dueFrom the estate funds (or executor’s personal money - reclaimed later). Must be paid before Grant of Probate is issued.
Week 12-18Apply for Grant of ProbateOnline or by post. Probate Registry processes in 4-12 weeks typically.
Month 4-9Distribute estatePay debts, settle bills, distribute remaining estate per will or intestacy. Hold back reserve for unexpected claims (Inheritance (Provision for Family and Dependants) Act 1975 claims can be made up to 6 months after Grant).
Month 9-12+Final accounts and closureProvide beneficiaries with final estate accounts. Close estate bank account. File final SA return for the deceased if needed.

Deeds of Variation - rearranging inheritance

Beneficiaries can use a Deed of Variation to redirect their inheritance to someone else within 2 years of death, with no IHT or CGT consequences. Common uses:

All beneficiaries affected by the variation must agree in writing. Once executed, the deed is treated as if the will had said that in the first place.

What if there is no will (intestacy)

If the deceased died without a valid will, the estate is distributed under the Intestacy Rules (Administration of Estates Act 1925 as amended):

Surviving relativesHow estate is divided
Spouse + childrenSpouse: personal possessions + £322,000 statutory legacy + half the remainder. Children: other half of remainder.
Spouse, no childrenSpouse: entire estate
Children, no spouseChildren: equal shares
Parents, no spouse/childrenParents: equal shares
Siblings, no spouse/children/parentsSiblings: equal shares
No surviving relativesEstate passes to the Crown (Bona Vacantia)
Cohabiting partners get NOTHING under intestacy.Unmarried partners have no automatic right to inherit under UK intestacy rules. They can claim under Inheritance (Provision for Family and Dependants) Act 1975 if they’ve cohabited for 2+ years, but this requires court application - expensive and uncertain. The fix: make a will. Cohabiting couples need this much more urgently than married couples.

Executor duties and personal liability

An executor is personally liable for:

Many executors use a solicitor for the legal work (Grant application, IHT) while handling administrative matters themselves. Solicitor fees typically 1-5% of estate value, or fixed fee £1,500-£5,000 for simple estates.

Calculate IHT exposure

The inheritance tax calculator models your estate against the nil-rate band, residence nil-rate band, and transferable bands from a pre-deceased spouse.

Open the IHT calculator

Sources and references

IHT framework from gov.uk Inheritance Tax. Residence nil-rate band from gov.uk RNRB. Probate process from gov.uk applying for probate. April 2027 pension IHT changes from Autumn Budget 2024.

UK Tax Drag is educational and not regulated financial, tax, legal or family advice - see the disclaimer for the full position. For decisions with material legal or family consequences (divorce, probate, separation), specialist advice from a solicitor and/or financial adviser is strongly recommended.

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