The amount inherited by a spouse or civil partner is usually exempt from Inheritance Tax.
The situation is more complicated if the surviving spouse or civil partner is not domiciled in the UK. We will explain below the meaning of some commonly used phrases relating to Inheritance Tax, excepted estates and small estates.
Many estates are classed as excepted estates. These are estates which do not have any Inheritance Tax to pay. So they can take a reduced disclosure route to probate. There are special rules for handling an ‘excepted estate’. An estate will usually be referred to as an excepted estate where:
The rules about excepted estates are concerned with gross values so in most cases the treatment of liabilities does not have any impact. If the estate is not an excepted estate a full Inheritance Tax account must be completed.
If the deceased’s estate is worth less than £5,000 or the deceased owned everything jointly with their spouse or civil partner, probate is not usually needed.
Probate is the process of administering an estate of someone who has died in order to resolve all claims and distribute the assets of the deceased as per their final wishes.
This is called a ‘small estate’. Probate is almost always required when:
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