How Does Inheritance Tax Work in the UK?

Inheritance tax (often shortened to IHT) is a tax on the value of your estate when you pass away.

Inheritance Tax & Family Protection

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When I sit down with families to talk about estate planning, one of the first things I notice is just how misunderstood inheritance tax really is. Many people still believe it’s something that only affects the very wealthy, but in reality, more and more ‘ordinary’ families are being caught by it every year.

In this article, I’m going to explain clearly how inheritance tax works in the UK, what the thresholds are, and why it’s so important to understand your position early.

What is Inheritance Tax?

Inheritance tax (often shortened to IHT) is a tax on the value of your estate when you pass away. Your estate includes everything you own: your home, savings, investments, and personal possessions.

The standard rate of inheritance tax is 40%. However, that rate only applies to the portion of your estate that exceeds certain allowances, which is the important part to remember when planning.

It’s also worth knowing that inheritance tax isn’t usually paid by your beneficiaries directly. Instead, it’s the responsibility of your executors – the people you appoint to administer your estate – to calculate what’s owed and arrange payment.

The Nil Rate Band: Your Tax-Free Allowance

Every adult in the UK has something called a nil rate band. This is the amount you can pass on, free from inheritance tax. Currently, that figure is £325,000.

One of the most common misunderstandings we come across at Heritage Estate Planning is how this allowance works. Many people assume that the £325,000 applies to each beneficiary. For example, if you have three children, it’s easy to think that each child can inherit £325,000 tax-free. Unfortunately, that isn’t the case.

The nil rate band applies to your estate as a whole, not per person receiving it. So if your estate is worth £500,000, only the first £325,000 is tax-free. The remaining £175,000 could be subject to inheritance tax at 40%.

Another important point to be aware of is that the threshold has been frozen since 2009 and is set to remain frozen until at least 2030. Meanwhile, property prices and asset values have risen significantly. This is one of the key reasons why more families now find themselves facing inheritance tax, and is often recognised as a form of “stealth tax” for that reason.

The Residence Nil Rate Band

In addition to the standard nil rate band, there is an extra allowance known as the residence nil rate band. This provides an additional £175,000 allowance if you leave your main residence to your direct descendants, such as your children or grandchildren.

In practical terms, an individual could potentially pass on up to £500,000 tax-free, provided the conditions are met. However, this allowance does come with some complexity. For example, if your estate is worth more than £2 million, the residence nil rate band begins to be reduced. This is why tailored advice is so important, because the small details can make a significant difference.

Inheritance Tax for Married Couples

If you’re married or in a civil partnership, the rules are more generous. Firstly, anything you leave to your spouse or civil partner is completely exempt from inheritance tax. This is known as the spousal exemption. Secondly, any unused nil rate band can be transferred to your spouse.

For example, let’s say that everything passes to your spouse on the first death. Because no inheritance tax is payable at that point, your entire £325,000 allowance remains unused. When your spouse later passes away, they can use both their own allowance and yours. That means a combined nil rate band of £650,000.

The same principle applies to the residence nil rate band (£175,000) for each spouse. So, for a married couple, it’s possible to pass on up to £1 million directly to children or grandchildren without inheritance tax becoming payable.

When Does Inheritance Tax Have to Be Paid?

Timing is another area of uncertainty that often catches families off guard. Inheritance tax must usually be calculated and paid within six months of the end of the month in which the person died. That’s not a long window, particularly when you consider everything else that needs to be dealt with during that time.

There’s also a practical challenge that can arise, especially when much of the estate is tied up in property. In simple terms:

  • You can’t sell a property until probate has been granted
  • Probate won’t be granted until the inheritance tax has been paid


This creates a difficult situation where funds may be needed before they’re easily accessible. It’s something we regularly help families plan for in advance, because without preparation, it can cause significant stress at an already emotional time.

Why More Families Are Paying Inheritance Tax

As I mentioned in the beginning, the inheritance tax was originally designed to apply only to the wealthiest estates. That isn’t really the case anymore. There are two key reasons for this: rising asset values and frozen thresholds. Property prices in particular have increased dramatically over the years, and the nil rate band hasn’t changed since 2009, set to remain frozen until 2030.

The result is that many families, particularly homeowners here in the South East and other high-value areas, now find themselves over the threshold without necessarily feeling “wealthy”.

The Importance of Future Planning

If there’s one thing I always emphasise, it’s that inheritance tax isn’t something to leave until later in life.

Understanding how it works is the first step. From there, we can start to look at what options might be available to you. For example, that might be making use of allowances, structuring your estate more efficiently, or simply ensuring everything is in place to make things easier for your family when you pass away.

If you want to ensure that as much of your estate as possible goes to the people you care about, get in touch with Heritage Estate Planning today.

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