Introduction

Inheritance Tax (IHT) raises around £7 billion a year for the UK Exchequer and affects a growing minority of estates, particularly in London and the South East where property values have pulled thousands of ordinary households above the threshold. Only about 5–6% of UK estates currently pay IHT, but rising property values, frozen nil-rate bands, and new rules bringing pensions into scope from April 2027 mean that number is set to rise sharply over the next decade.

IHT has an undeserved reputation as the tax of the wealthy. In practice, it catches middle-class homeowners without much planning, misses the ultra-wealthy who structure their affairs in advance, and produces some of the most fraught family conversations in British life. It is also one of the most planning-responsive taxes in the UK code — smart, legal, and documented steps taken years in advance can reduce or eliminate IHT for families that would otherwise face a substantial bill.

This guide explains how UK Inheritance Tax works in 2025/26, the thresholds, the rate, lifetime giving rules, spouse exemption, Business and Agricultural Reliefs (with the big change coming from April 2026), trusts, and the incoming inclusion of pensions from April 2027. It is written for readers thinking about their own estate or that of a parent — not as legal advice, but as a grounding in the concepts before a proper conversation with a solicitor.

What Is Inheritance Tax?

IHT is a tax on the transfer of wealth — primarily at death, but in some cases during life. It is charged on the value of the deceased’s estate (property, investments, possessions, minus debts) above a tax-free threshold, at a rate of 40%. Certain lifetime gifts can also be taxed, depending on who receives them and when.

The executor of the estate is responsible for calculating, reporting and paying IHT, before the estate can be distributed to beneficiaries. HMRC operates IHT through the Probate service: you cannot usually obtain Grant of Probate until HMRC is satisfied.

The 2025/26 Thresholds

Nil-Rate Band (NRB)

£325,000 per individual. Any estate value below this passes IHT-free. The NRB has not moved since April 2009 and is frozen until April 2030 under current policy. The frozen NRB, combined with house price inflation over 16 years, has been the main engine of IHT receipts growth.

Residence Nil-Rate Band (RNRB)

£175,000 per individual, available when a qualifying residential property is passed to direct descendants (children, grandchildren, step-children, adopted or fostered children, and their descendants).

  • Applicable on the value of the qualifying home being left to descendants, up to £175,000.
  • Tapers above £2 million estate value, at £1 for every £2 over.
  • Can be transferred to a surviving spouse if unused on first death.
  • Downsizing relief preserves the RNRB even if the home was sold before death, provided descendants inherit equivalent value in cash or other assets.

A couple with a home worth at least £350,000 leaving everything to their children can therefore combine: 2 × £325,000 NRB + 2 × £175,000 RNRB = £1 million of IHT-free estate.

Transfer Between Spouses and Civil Partners

Anything left to a surviving spouse or civil partner passes IHT-free. Unused NRB and RNRB from the first spouse’s death also pass to the survivor’s estate. This transferability is the foundation of most British estate planning.

Rates

  • 40% on the value above the combined nil-rate bands.
  • 36% on the entire estate if at least 10% is left to charity.
  • 20% on lifetime chargeable transfers above the NRB (e.g. gifts to most trusts).

Who Pays IHT?

The estate pays IHT before distribution to beneficiaries. For estates with significant non-cash assets (property, private shares), executors often need to raise finance to pay IHT before those assets can be sold. HMRC allows IHT on certain assets (property, some investments) to be paid in instalments over 10 years, with interest.

Lifetime gifts that become taxable (because the donor died within seven years) are typically paid by the recipient of the gift, though the rules are complex.

The Seven-Year Gift Rule

One of the most important planning tools. Gifts to individuals — cash, shares, property, possessions — are “Potentially Exempt Transfers” (PETs). If the donor survives seven years, the gift is completely outside the estate. If the donor dies within seven years, the gift is added back to the estate for IHT purposes.

Taper Relief

If the donor dies between 3 and 7 years after the gift, the tax on the gift tapers:

Years between gift and death

Taper relief

0–3

0%

3–4

20%

4–5

40%

5–6

60%

6–7

80%

7+

100% (outside estate)

Crucial subtlety: taper relief applies to the tax charged on the gift, not the value of the gift itself. And the gift uses up the NRB first, meaning taper often applies to little or none of the tax. Example: a £400,000 gift made six years before death, to someone with no NRB left, would have £75,000 of tax charged; with 80% taper, £60,000 of tax is still owed, not £0.

Gifts With Reservation of Benefit

If you give something away but keep using it (classic example: gifting your house to your children but continuing to live there rent-free), HMRC treats the gift as if it never happened — the asset stays in your estate at its current market value. The Pre-Owned Assets Tax can also apply in some cases.

To avoid a gift-with-reservation: either give the asset and move out, or pay a market rent to the recipient. Both have their own tax consequences.

Lifetime Gift Exemptions

Annual Exemption

£3,000 per year of gifts is immediately outside the estate. Unused exemption carries forward one year, so a person with a completely unused last year can gift £6,000 this year.

Small Gift Exemption

£250 per recipient per year to an unlimited number of individuals. Cannot be combined with the annual exemption for the same recipient.

Wedding Gifts

  • £5,000 to a child.
  • £2,500 to a grandchild.
  • £1,000 to anyone else.

Must be given before the wedding, not after.

Gifts Out of Surplus Income

Regular gifts from post-tax income that do not affect your standard of living are immediately outside the estate. This is the most powerful and least-known exemption. Requires:

  • A clear pattern of regularity (e.g. monthly, annual).
  • Evidence that the gifts come from income, not capital.
  • That your standard of living is maintained after the gifts.

Documented properly (bank statements, income records, a letter explaining the intention), this exemption can shift very substantial sums over time.

Gifts to Charities and Political Parties

Unlimited exemption for gifts to UK-registered charities and political parties with parliamentary representation.

Gifts to Spouses and Civil Partners

Unlimited exemption. No time limit, no taper, nothing needed except actual transfer.

Business Relief (BR) and Agricultural Relief (AR)

Two of the most valuable IHT reliefs, traditionally giving 100% or 50% exemption on qualifying business and agricultural assets.

Business Relief

  • 100% relief: owner-managed trading businesses, shares in unquoted trading companies, AIM shares (after two years of ownership).
  • 50% relief: controlling shareholdings in listed companies, land/buildings/plant used by a business you control.

Conditions: the asset must have been held for at least two years and be used in a trading (not investment) business.

Agricultural Relief

  • 100% relief: farmhouses, cottages, land and buildings in active agricultural use, owned and occupied by the farmer (or let on post-1995 tenancies).
  • 50% relief: land let on pre-1995 tenancies.

Conditions: at least two years of owner-occupation or seven years of let-out status.

The April 2026 Reform

The 2024 Autumn Budget announced that combined BR and AR relief at 100% will be capped at £1 million per person from April 2026. Amounts above that cap will receive only 50% relief — an effective IHT rate of 20% on qualifying assets above £1 million.

This is a major reform for:

  • Family farms worth more than £1 million.
  • Unquoted trading businesses worth more than £1 million.
  • AIM share portfolios worth more than £1 million.

Many affected families are considering partial lifetime transfers, specialist structures, or insurance to cover the tax — though each needs specific advice. The cap does not transfer between spouses in the same way as the NRB, meaning £1 million per spouse is the effective household cap on full relief — so £2 million for a couple — but only if each has qualifying assets in their own name.

Pensions and IHT — The 2027 Change

Historically, UK defined contribution pensions could pass to beneficiaries entirely outside the estate. This made them powerful estate-planning tools — often the last asset a wealthy individual would draw on, leaving pensions to pass tax-free.

The 2024 Autumn Budget announced that from April 2027, most unused pension funds will be brought within the IHT net. Beneficiaries’ income tax treatment on inherited pensions also changes (post-75 death already triggered income tax on withdrawals; pre-75 remains tax-free for beneficiaries). Technical consultation on implementation continues.

For planners, this undermines the “pension last, ISA first” drawdown strategy that became conventional after 2015. Estates of £2 million+ may need to withdraw pensions during life, use ISAs more aggressively, and consider alternative structures for wealth transfer.

Trusts and IHT

Trusts have their own IHT regime:

  • Bare trusts: assets treated as the beneficiary’s, so bare trust assets fall in the beneficiary’s estate.
  • Interest in possession trusts: the life tenant is treated as owning the underlying assets for IHT.
  • Discretionary trusts: the trust itself is taxed, with an entry charge of 20% above the NRB, periodic 6% charges every ten years, and exit charges when assets leave.

Discretionary trusts have been squeezed by successive reforms and are no longer as tax-efficient as they were before 2006. They remain useful for non-tax reasons — protecting vulnerable beneficiaries, blended families, and controlling distributions over time — but rarely save meaningful IHT on their own.

Inheritance Tax Calculation — Worked Example

Margaret, widowed, dies with an estate worth £1.6 million. Her late husband James’s NRB was fully unused. She leaves her home (worth £600,000) and the residue to her two children.

  • Her NRB: £325,000.
  • James’s transferred NRB: £325,000.
  • Her RNRB: £175,000.
  • James’s transferred RNRB: £175,000.
  • Total tax-free: £1,000,000.
  • Taxable estate: £600,000.
  • IHT at 40%: £240,000.

If the estate had been £2.5 million or more, RNRB tapering would have kicked in, reducing the tax-free amount.

If Margaret had left 10% to charity (£160,000), the rate on the remainder drops to 36%, often producing a net benefit compared with paying 40% on the whole remainder.

Planning Strategies

Use All Annual Exemptions

£3,000 a year, plus small gifts and wedding gifts. Over 20 years, a couple can move £120,000+ outside the estate from annual exemptions alone.

Gifts Out of Surplus Income

Higher-earning retirees with pensions exceeding their spending can structure regular gifts out of pension income. Documented properly, these are immediately outside the estate regardless of the seven-year rule.

Maximise Transferable Allowances

Ensure that on first death, unused NRB and RNRB transfer to the surviving spouse’s estate. Very occasionally estate planning structures trap an allowance in a trust — usually avoidable.

Consider Lifetime Gifts Carefully

PETs start the seven-year clock. For individuals in good health in their 50s and 60s, lifetime giving can reduce the eventual estate dramatically. For older or frail individuals, the seven-year risk is meaningful.

Downsizing and Property Consolidation

Moving from a £2 million house to a £1 million flat can bring the estate down and preserve the RNRB. Tax-inefficient sales (CGT, SDLT on the new purchase) need weighing against IHT savings.

Life Insurance Written in Trust

A whole-of-life insurance policy for the estimated IHT amount, written in trust, provides a tax-free lump sum to pay the bill. Premiums themselves can be gifts out of surplus income.

Charitable Giving

Leaving 10% or more to charity drops the IHT rate from 40% to 36%, which often produces a bigger inheritance for non-charity beneficiaries than if the same money had been kept and taxed at 40%.

Business Relief Before 2026

For families with farms, private businesses or AIM portfolios, the window before April 2026 when full 100% relief applies may make certain lifetime transfers or crystallisations advantageous. But be cautious — many of these transactions have CGT consequences that can swamp the IHT saving.

Reviewing Pensions Before 2027

Families with large pension pots and substantial other estates may benefit from drawing down pensions earlier and reinvesting in gift-away vehicles or in IHT-relieved wrappers. Income tax costs need careful modelling.

Case Studies

Case Study 1: Middle-Class London Family

Paul (widower, 68) owns a London house worth £1.4 million (mortgage-free) and has £400,000 in ISAs, SIPPs and other savings. Total estate: £1.8 million. He has two children.

  • NRB: £325,000 + £325,000 transferred = £650,000.
  • RNRB: £175,000 + £175,000 transferred = £350,000 (no taper as under £2m).
  • Total tax-free: £1,000,000.
  • Taxable: £800,000 at 40% = £320,000.

Planning options: gifts out of surplus income (his pension exceeds spending), annual exemptions, downsizing to an apartment, life insurance in trust, charitable bequests.

Case Study 2: Family Farm Post-2026

The Anderson family own a 400-acre Yorkshire farm worth £5 million, plus a farmhouse worth £600,000. Pre-2026 rules: full AR on the agricultural land, full BR on the farmhouse (where used in the business) — potentially zero IHT.

Post-April 2026: the first £1 million of combined AR/BR remains at 100%; the remainder at 50%. Taxable value on the reduced relief = £2 million at 40% = £800,000.

Planning options being discussed: lifetime gifts before 2026 (with the usual seven-year risk), partnership/company restructuring, family protection insurance, or sale of part of the land.

Case Study 3: AIM Portfolio Investor

Diane, 72, has accumulated a £750,000 AIM share portfolio specifically for IHT mitigation. Held for more than two years, each holding qualifies for 100% Business Relief, eliminating £300,000 of IHT.

Post-April 2026, 50% relief on the portion of BR above £1 million — but her £750,000 AIM portfolio is well under the threshold, so 100% relief continues. Tactical benefit: making sure her AIM-plus-farm-plus-business total stays under the cap.

Common Mistakes

  1. Not making a will. Intestacy can leave assets to people you didn’t intend, and trigger avoidable IHT.
  2. Failing to document surplus-income gifts. Without records, HMRC will not accept the exemption.
  3. Gifts with reservation. Giving a house to children while still living there rent-free does not work.
  4. Assuming pensions are outside IHT forever. From April 2027 that assumption no longer holds.
  5. Missing the transferability of NRB and RNRB. Some estate structures (e.g. NRB discretionary trusts on first death) can block the transfer.
  6. Overlooking the RNRB taper at £2 million. Above £2 million, the RNRB starts vanishing.
  7. Underestimating property values. Estate valuations should be professional and current, not estimates from 10 years ago.
  8. Forgetting foreign assets. UK-domiciled individuals are taxed on worldwide estate.
  9. Poor coordination with family businesses. BR availability can be lost by restructuring without advice.
  10. Leaving everything to the final tax year. IHT planning is a decade-plus activity; last-minute giving rarely saves the tax.

The 2026/27 Outlook

IHT is being reformed substantially over the coming years:

  • April 2026: BR/AR capped at £1 million per person for 100% relief.
  • April 2027: pensions brought into IHT scope.
  • April 2030: NRB and RNRB still frozen (current policy).
  • Continued scrutiny of AIM Business Relief, which may be further reformed.
  • Possible changes to the seven-year rule.
  • Ongoing consultation on non-domicile replacement with the four-year residence regime.

For estates of significant value, the combined effect of these reforms means that “business as usual” planning is insufficient. Professional review is needed at least every two or three years, and ideally annually for estates above £2 million.

Reporting and Payment

Executors file form IHT400 for estates over the NRB or with lifetime gifts to report. Simpler estates can file IHT205 or qualify for “excepted estate” treatment with no tax form at all. IHT is due within six months of the end of the month of death, with interest running thereafter. Instalment options for property and certain business interests extend payment over 10 years, but interest accrues.

Before Probate can be granted, HMRC’s processing must be complete — historically a major bottleneck. The Probate service has been improving, but executors often face months of waiting before assets can be distributed.

Conclusion

Inheritance Tax is perhaps the UK tax most amenable to deliberate planning, and therefore the tax that rewards families who engage with it well in advance. The combination of frozen nil-rate bands, surging house prices, the incoming April 2026 restriction of Business and Agricultural Relief, and the April 2027 inclusion of pensions means that 2025 and 2026 are unusually important years for reviewing estate plans. For most families, the highest-value actions are also the simplest: making sure spouses inherit optimally, using annual exemptions, documenting gifts out of surplus income, and reviewing life insurance and wills every few years. Complex planning is worth it for complex estates, but straightforward habits carry a surprising share of the benefit.

Deeds of Variation

A Deed of Variation allows beneficiaries of a will or intestacy to redirect what they would have inherited, within two years of the date of death. If properly executed, HMRC treats the variation as though the deceased had made the revised gift — which can save IHT across generations.

Common uses include:

  • Redirecting assets straight to grandchildren, skipping a generation and avoiding a second charge to IHT when the intermediate beneficiary later dies.
  • Adding a charitable gift to hit the 10% threshold for the 36% rate.
  • Using a beneficiary’s own unused NRB and RNRB more efficiently.
  • Creating a trust where none was specified in the will.

Deeds of Variation can only be made if the beneficiaries who lose out consent, and if HMRC is notified within six months where tax effects flow through. They are not available for lifetime gifts, only inheritances.

Critics of Deeds of Variation argue they undermine certainty in estate planning; successive governments have considered restricting them but have not done so. Any family using one should involve a solicitor and get professional advice before executing.

Valuation of Estate Assets

Valuation is often the most contested aspect of an IHT filing. HMRC’s starting point is market value at date of death, defined as the price the asset would fetch in an arm’s-length transaction. For various categories:

  • Residential property: HMRC’s Valuation Office Agency reviews executor valuations. High-value properties (above £1 million) often attract scrutiny. Getting three qualified surveyor valuations, rather than estate agent estimates, is standard practice for serious estates.
  • Quoted shares: valued using the “quarter-up” rule — a specific formula based on the day’s high and low prices.
  • Unquoted shares: often the hardest. A qualified business valuer is typically needed, with discounts for minority holdings and lack of marketability.
  • Chattels: professional valuation needed for items above a few thousand pounds; auction estimates are usually acceptable for smaller items.
  • Foreign assets: valued at the date-of-death market price converted at the spot rate.

Disputes with HMRC on valuation can take months to resolve and may end up at the Upper Tribunal. For executors, getting valuations right first time is far less painful than fighting amendments later.

Cross-Border and Domicile Considerations

UK-domiciled individuals are taxed on their worldwide estate. Non-domiciled individuals are taxed only on their UK-situs assets. The concept of domicile has been central to UK IHT for decades, and has been substantially reformed.

The New Residence Regime from April 2025

The government abolished the old remittance basis and replaced domicile with a residence-based test. For IHT, the new test is: you are UK “long-term resident” if you have been UK resident for at least 10 of the previous 20 tax years. If you are long-term resident, worldwide assets are in the UK IHT net. If not, only UK-situs assets are.

Leaving the UK no longer starts the 4-year “tail” that used to apply; instead, there is a 3–10 year tail depending on how long you were long-term resident. This is a dramatic change for returning expats, non-doms, and long-staying foreign nationals.

Double Taxation Treaties

The UK has IHT double tax treaties with several countries including the US, France, Ireland, the Netherlands, Sweden, Switzerland, Italy, India, Pakistan and South Africa. These treaties provide rules for determining which country taxes, and Foreign Tax Credit Relief is available where the same asset is taxed in two jurisdictions.

Trusts in Detail

Trusts remain a legitimate planning tool despite 2006 reforms that tightened their IHT treatment.

Discretionary Trusts

The most flexible and most commonly used. Trustees decide how and when to distribute to beneficiaries from a defined class. IHT consequences:

  • Entry charge: 20% on contributions above the settlor’s NRB.
  • Periodic charge: up to 6% every 10 years on value above the trust’s NRB.
  • Exit charge: proportionate charge when capital leaves the trust.

Often used to protect assets from irresponsible beneficiaries or divorcing spouses, rather than to save tax.

Bare Trusts

Legal ownership separated from beneficial ownership. Assets treated as the beneficiary’s for all tax purposes. Common use: grandparents holding JISA money for a grandchild until age 18.

Interest in Possession (IIP) Trusts

Life tenant has the right to income; capital passes to remaindermen on the life tenant’s death. Pre-2006 IIP trusts have more generous IHT rules than post-2006. Often used in second marriages to provide for a surviving spouse while protecting children’s inheritance.

Disabled and Bereaved Minor Trusts

Special regimes with IHT treatment closer to bare trusts. Used for vulnerable beneficiaries.

Life Insurance in More Detail

Life insurance can be a powerful IHT tool if structured correctly:

  • Whole-of-life policies: pay out on death regardless of timing. Premiums can be significant; often funded from surplus income.
  • Term assurance: cheaper, pays out only if death is within the term. Can be combined with seven-year taper planning.
  • Gift inter vivos policies: specifically designed to cover the IHT on a large lifetime gift, with cover tapering as the gift approaches the seven-year safe harbour.
  • Joint life second death: covers a couple, paying out on the second death when IHT is actually due.

Policies must be written in trust from the outset — or, with care, transferred into trust later — to escape being caught in the estate.

Pensions in Detail

Until April 2027, UK defined contribution pensions enjoy a remarkable IHT exemption. Benefits:

  • Pension pot usually outside the estate entirely.
  • Beneficiaries can continue to hold the pension tax-advantaged.
  • If the member dies before 75, beneficiaries’ withdrawals are tax-free; after 75, taxed as income.

The April 2027 change brings most unused DC pensions into the estate. Defined benefit pensions are largely unaffected because they typically convert to a spouse’s pension rather than being inherited as a pot. Executors will need to report pension values on IHT returns, and will liaise with pension providers to pay the tax.

Technical details are still being consulted on. Practitioners expect a mechanism where pension providers and HMRC coordinate to collect the tax before beneficiaries receive the funds.

Employee Ownership Trusts

A specific structure gaining popularity: a business owner can sell their controlling shareholding to an Employee Ownership Trust (EOT) and pay no CGT. The company carries on under employee ownership. The owner receives cash (funded by future company profits) over time.

This is primarily a CGT planning tool, not an IHT one, but has IHT implications: the deferred consideration becomes a debt owed to the former owner, which remains in their estate. Proper structuring is essential.

Family Investment Companies (FICs)

FICs are increasingly popular for substantial families. The structure:

  • Parents settle assets or cash into a new company.
  • Different share classes are issued to family members (voting, non-voting, preference, etc.).
  • Investment income accrues to the company, taxed at Corporation Tax (with the dividend exemption protecting dividends received).
  • Distributions flow out as dividends taxed at personal rates.
  • Over time, value transfers to next-generation shareholders.

FICs sit alongside, rather than replace, traditional trusts. Set-up and running costs are substantial; they are appropriate for families with investable wealth in the millions rather than hundreds of thousands.

Case Study 4: A Cross-Border Family

Adewale is UK long-term resident. His father, resident in Nigeria, dies leaving him a Nigerian house worth £400,000. The house is subject to Nigerian inheritance tax of around £50,000, which Adewale pays. When Adewale later dies, if he is still UK long-term resident, his worldwide estate — including the Nigerian house — is within the UK IHT net. Foreign Tax Credit Relief may be available for any overlapping tax. Documentation of the Nigerian tax paid is critical; without records, the credit may be denied.

Case Study 5: The Farm in Transition

The Willoughby family run a 250-acre dairy farm in Cornwall. Grandfather (86) owns the land and buildings; his son (62) runs the day-to-day business. With the 2026 AR reform looming, they consider:

  • Lifetime transfer of land from grandfather to son — but CGT consequences can be heavy on high-value agricultural land.
  • Holdover election to defer CGT on gift.
  • Creation of a family partnership with gifted partnership shares (sometimes works; sometimes challenged).
  • Life insurance to cover the future IHT exposure.

A specialist rural tax adviser and a solicitor are essential; every family farm is slightly different.

Practical Steps to Take This Year

Even without a comprehensive plan, most families can take a handful of concrete actions this tax year to reduce future IHT exposure or simplify executorship.

First, write or refresh a will. A shockingly high proportion of UK adults die intestate, and intestacy rules can deliver assets to unintended beneficiaries and increase IHT. Wills also let you name guardians for children, specify funeral wishes, and create testamentary trusts where appropriate.

Second, catalogue your estate. Put everything in a single document: properties, pensions, ISAs, investments, business interests, life policies, foreign assets, and chattels of value. Include account numbers, provider names, and estimated values. Keep the catalogue with the will. Your executor will thank you.

Third, gather documentation of any lifetime gifts. For PETs, the executor needs to know exactly when and how much was given. Many families discover after death that Mum had been giving grandchildren £10,000 a year for ten years but nobody has records — making the seven-year calculation impossible.

Fourth, review beneficiary nominations on pensions and life insurance. Outdated nominations are a shockingly common cause of unintended outcomes; an ex-spouse named on a pension twenty years ago may still be the beneficiary unless you update.

Fifth, if your estate is approaching £1 million (couple) or £500,000 (single), have an exploratory conversation with a solicitor or IHT specialist. Most will give a free initial assessment. Complex estates benefit from ongoing review; simpler estates may need nothing more than a good will and use of annual exemptions.

Sixth, communicate with your family. IHT surprises are often family disputes waiting to happen. A frank conversation about what you intend — and why — smooths later administration, regardless of whether you choose to share specific numbers.

Small, early steps beat complex, late planning almost every time. The discipline is not about being clever; it is about showing up to the conversation before it becomes urgent.