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:
- Mark’s transferred NRB: £325,000
- Sarah’s own RNRB: £175,000 (home passing to children)
- Mark’s transferred RNRB: £175,000
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
| Threshold | 2026/27 amount | Notes |
|---|---|---|
| Nil-rate band (NRB) | £325,000 | Frozen until at least April 2030 |
| Residence nil-rate band (RNRB) | £175,000 | When main home passes to direct descendants (children, grandchildren) |
| Transferable NRB (TNRB) | up to £325,000 | Any unused NRB from a pre-deceased spouse |
| Transferable RNRB | up to £175,000 | Any unused RNRB from a pre-deceased spouse |
| RNRB taper | Reduces above £2m estate | £1 reduction per £2 over £2m; fully gone at £2.7m |
| IHT rate | 40% | On amount above combined thresholds |
| Reduced IHT rate | 36% | 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
Detailed rules and transitional provisions are still being consulted on. Implications likely include:
- Pensions cease to be "leave-to-children" tax shelter for estates above £1m
- Strategies to "spend pension last" become less valuable
- Earlier extraction (via drawdown) into ISA/GIA may become more attractive
- Charitable giving via pensions may grow as a planning tool
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
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:
- Skip a generation - inheritance redirected from adult child to grandchild
- Equalise estates between siblings if the will treats them unequally
- Direct to charity if the original beneficiary doesn’t need the funds
- Correct outdated wills - e.g. dispositions before tax rule changes
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 relatives | How estate is divided |
|---|---|
| Spouse + children | Spouse: personal possessions + £322,000 statutory legacy + half the remainder. Children: other half of remainder. |
| Spouse, no children | Spouse: entire estate |
| Children, no spouse | Children: equal shares |
| Parents, no spouse/children | Parents: equal shares |
| Siblings, no spouse/children/parents | Siblings: equal shares |
| No surviving relatives | Estate passes to the Crown (Bona Vacantia) |
Executor duties and personal liability
An executor is personally liable for:
- Accurate IHT calculation and payment (HMRC can pursue executor for IHT shortfalls)
- Notifying creditors via "statutory advertisement" (London Gazette + local paper) - 2 months for claims
- Distributing per the will and intestacy rules
- Filing final SA return for the deceased
- Holding back funds for unexpected claims (Inheritance Act 1975 challenges)
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 calculatorSources 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.
Other UK life-event money guides
- Getting married - UK money guide
- Having your first baby - UK money guide
- Divorce finances - UK Q&A
- Redundancy - first 30 days financial response
- Probate and Inheritance Tax
- Buying a home with parents' help
- University funding - parents' guide
- Cohabitation finances - UK
- Career break / sabbatical financial planning
- The year you retire - operational guide
How UK Tax Drag holds itself to account
Every page is reviewed against the editorial standards, written from primary sources, sourced openly, and corrected publicly. No affiliate revenue. No sponsored content. No paid placements.