A Comprehensive Guide To Inheritance Tax | moneyfactscompare.co.uk (2024)

A Comprehensive Guide To Inheritance Tax | moneyfactscompare.co.uk (1)

At a glance

  • Anything received as an inheritance could be subject to inheritance tax of up to 40%, depending on the value of the estate.
  • Make sure you know the rules around tax and any benefits you’re receiving
  • It’s advisable to consult a professional adviser to get help with managing your inheritance.

Guide contents

  • What is the inheritance tax limit 2024/25?
  • How much can you inherit before paying inheritance tax?
  • What happens when you inherit money?
  • What is the average inheritance?
  • What is the best thing to do with inheritance money?
  • Will I lose my benefits if I inherit money?
  • How do you prove inheritance money?
  • Can creditors come after my inheritance?
  • Is inheritance money protected in divorce?
  • How does an inheritance trust work?

What is the inheritance tax limit 2024/25?

Under current rules, heirs could be subject to a tax bill of up to 40% on an estate, which includessavings, property and any additional assets, after deducting any debts andfuneral costs. However, inheritance tax (IHT) can be legally reduced or avoided in a number of ways (such as viagifting and similar estate planning strategies), and will only be paid on estates worth above a certain amount.

The tax-free allowance for 2024/25 – known as the nil-rate band – stands at £325,000. This means only the value of an estate above this threshold will be taxed at 40%, and if it’s worth less than this, there’ll be no tax to pay whatsoever.

The nil rate band increases to £500,000 if a home is being passed onto a child or grandchild, provided the total estate is worth less than £2m. This extra £175,000 is known as the residence nil-rate band or property transfer allowance.

Not only that, but any assets transferred to a spouse or civil partner are entirely exempt, and couples can also pass on any unused allowance to their spouse to boost the tax-free threshold for future beneficiaries.

This means that, provided the first spouse to die didn’t gift a large amount away beforehand, couples can pass on up to £650,000 to their beneficiaries tax-free. This rises to £1m if the estate includes property, thanks to the additional property transfer allowance (£325,000 x 2, plus the additional £175,000 x 2). Find out more about inheritance tax on property, and other allowances that you can combine with your spouse to reduce your tax bill.

It can be possible to reduce an IHT charge in other ways too, such as by leaving some of the estate to charity. For example, if at least 10% of an estate is left to charity, the IHT charge may be reduced to 36%. And, if everything above the £325,000 nil-rate band is left to charity or an amateur sports club, no tax will be due.

How much can you inherit before paying inheritance tax?

As per the rules above, you can potentially inherit up to £1m before paying inheritance tax – if you’re inheriting your parents’ estate, for example – depending on your family circ*mstances. There are exceptions, however, most notably if you received any inheritance money as gifts in the seven years before the deceased passed away, in which case you’ll have to pay tax on it (though only if the deceased breached their nil rate band), or if you generate an income from the money received, in which case usual income tax rules apply.

The rules can be complex and often depend on your relationship with the deceased. As such, you may want toconsult a professional adviserso you know exactly what your tax liabilities are, and how you can potentially mitigate them if necessary.

Who pays any inheritance tax due?

Beneficiaries rarely pay IHT directly. Any tax due is usually discounted from the value of the estate and is taken care of by the executors (unless the estate can’t or won’t cover the full amount, in which case the beneficiaries are liable).

Do you need to declare inheritance money?

No. Any tax due will normally be taken out of the deceased’s estate, and the executor will usually take care of it. This means you won’t need to declare inheritance money to HMRC – an inheritance isn’t classed as income, and therefore isn’t taxable.

Bear in mind though that you’ll need to declare any interest or dividends that you later earn from it, and you may also need to notify the Department for Work and Pensions (DWP) if you’re in receipt of any benefits.

What happens when you inherit money?

When you inherit money, you’ll first of all need to make sure that the necessary debts,funeral expensesand IHT have been paid out of the estate.

You won’t inherit the money as soon as the person dies, however; there’s a process known as probate to go through, which can take up to a year or longer if things are particularly complex. Typically speaking, you can expect to wait at least six months, even in straightforward cases.

Once you’ve received the money you’re free to spend it as you see fit, though it’s a good idea toconsult a financial adviser, particularly if you receive a significant sum, to ensure you’re able to make the most of it and that you’re mitigating any tax liabilities that may become apparent.

What is the average inheritance?

The average (median) inheritance received is around £11,000, according to the most recent figures from the Office for National Statistics (ONS), but this may be well below the windfall likely to be received by future beneficiaries.

Indeed, a report from the Institute for Fiscal Studies found that, thanks to rising wealth and fewer siblings, the median inheritance for those born in the 1960s is expected to be £66,000, rising to £107,000 for those born in the 1970s and £136,000 for those born in the 1980s.

And what about average tax bills? As the figures above suggest, the vast majority of estates don’t pay any inheritance tax whatsoever, with Government figures showing that just 3.73% of UK deaths in the 2020/21 tax year resulted in an IHT charge.

Yet those who do pay typically have significant estates, which results in a significant tax bill. Indeed, in that same tax year, the average IHT bill stood at £214,000.

How much tax do you pay when you sell an inherited house?

You may need to pay tax when you sell a property you inherit. Read our guide to find out more.

What is the best thing to do with inheritance money?

Deciding how to spend an inheritance can be a very personal decision, but there are a few things you may want to focus on.

The first of these things is debt. Using inheritance money to clear any personal debt you may have can be a very wise move, such as paying off maxed-out credit cards or even mortgage balances (see below). It may not be the most exciting way to spend an inheritance, but knowing you don’t have any lingering debt to worry about can be invaluable.

You might like to consider who else could benefit from your new-found windfall too, particularly if you’ve got a very large sum. Many people like to help younger family members onto the housing ladder, for example, or gift some to charity; this may also require professional input so you’re not breaching any gifting rules or tax brackets, so again, it’s always worth speaking to an adviser.

After your other potential obligations are taken care of, it all comes down to making your money work as hard as possible, but deciding how to do that – and where to put it – isn’t always easy.

Where should I put my inheritance money?

This largely depends on your circ*mstances and what you intend to do with the money, but at the outset, it’s a good idea to keep the sum in an accessible savings account while you decide what to do next.

Easy access savings accounts should therefore be your first port of call, but keep a lookout for access and investment restrictions, as some only allow a certain number of withdrawals and others have relatively low maximum investment limits, which may not be suitable for those with a large windfall.

Once you’ve decided what to do with the money, you can look to move it elsewhere. If you want to keep it in cash but at a higher rate you may want to consider fixed rate bonds or ISAs, or if you’ve got a higher risk appetite, – or similar investments – may be worth considering.

This always assumes you’re not using the money elsewhere, such as to invest in property, which could be another way to make it work harder.

Wherever you put your inheritance, make sure to bear in mind depositor protection rules, which are temporarily enhanced in the six months following a major life event (such as receiving an inheritance) and means up to £1m will be protected under the Financial Services Compensation Scheme (FSCS). Just remember to divide the money between different accounts once the six months have expired to make sure you’re suitably covered.

Should I use an inheritance to pay off my mortgage?

It’s always sensible to use inheritance money to pay off any debts, and paying off the mortgage could be top of the list of priorities. Just make sure to account for any exit fees, and if you’re on a fixed rate deal, remember that you may not be able to pay off the full balance without additional charges being applied. Always ensure it’ll be financially worthwhile, and in some cases it may be worth waiting until the fixed rate period has come to an end before paying it off. Always seek suitable advice to decide on the best course of action.

However, if you’re on a variable rate mortgage it should be far easier to pay off the balance; make sure to speak to your mortgage provider to see how you can go about it.

If you only receive enough inheritance to repay part of the mortgage, the same rules apply; check how much you can repay each year if you’re on a fixed rate, and speak to your provider if you’re on a variable rate deal. Paying down some of the mortgage may give you the opportunity to remortgage to a lower rate as you’ll be on a lower loan-to-value, so can be a great use of inheritance money.

Should I save or pay off my mortgage?

There are pros and cons to putting your money into savings, as well as pros and cons for paying off your mortgage early. Read our guide on saving vs paying off your mortgage to find out more.

Will I lose my benefits if I inherit money?

Potentially, depending on the benefits you’re currently in receipt of and the amount of inheritance coming your way. If you’re receiving means-tested benefits (such as income-based jobseeker’s allowance, income support or Universal Credit), any income and savings you have will affect the amount you’re entitled to – if you suddenly get a windfall in the form of inheritance, this will count as savings, and your entitlements will change accordingly.

Once your savings hit the £6,000 threshold, your benefits will be impacted (the exception to this is pension credit, where you can have up to £10,000 in savings before your entitlement is affected). This means that, if you inherit more than this amount, it’s worth spending time thinking about what you’re going to do with it. Seeking advice is key; Citizens Advice could be a great place to start.

However, benefits that aren’t means-tested (such as the disability living allowance) won’t be affected by receiving an inheritance.

How do you prove inheritance money?

You may need to prove where the large sum of money in your bank account came from – such as if you’re using it to purchase a property, in which case the solicitor will require proof of funds for conveyancing to proceed – but this shouldn’t be too onerous a task.

To prove inheritance money you’ll need a copy of the letter from the executors of the estate that sets out how much you’re receiving as a beneficiary, together with your bank statement that shows the funds came from the executor’s/solicitor’s bank account. Keep all relevant paperwork, too.

Can creditors come after my inheritance?

If you’re in serious debt and are going through the debt management process, there’s the chance you’ll have to use your inheritance to settle your creditors’ demands, particularly if you’re already in some form of insolvency (such as an IVA or bankruptcy). However, this is an incredibly complex area and seeking advice is crucial; Citizens Advice can be helpful here.

A way to avoid this is if the deceased left the inheritance in a trust, in which case the assets will be shielded from creditors, but this would need to have been arranged before the event. We’ll cover more about inheritance trusts below.

Is inheritance money protected in divorce?

This depends on your situation, but usually, inherited money will be counted as “non-matrimonial assets” and therefore won’t automatically be included in the calculation of assets to be divided in the divorce. It may be excluded completely if both parties agree, though if the matrimonial assets won’t be sufficient to cover the financial needs of both individuals, then non-matrimonial assets may be included – which is where it could get difficult.

It can often depend on how the money was used. If it went into a joint account and was used to benefit the whole family, for example, it may be viewed as joint property and will be divided accordingly. It can also depend on when the inheritance was received (if it was before the marriage, for example), if there was a pre-nuptial agreement or for how long the marriage lasted. However, such things are always decided upon on a case-by-case basis, so it’s vital to get the necessary legal advice in this situation.

How does an inheritance trust work?

An inheritance trust is a way for someone to more effectively manage their estate, giving them an element of control in how the assets are passed on and used. They’re often used as a way to reduce inheritance tax, though it will still need to be paid and it can still be expensive.

The creator of the trust would have placed certain assets in the trust and will stipulate how it should be run. Trustees will be nominated to manage the trust when the creator passes away – they’ll become legal owners of the trust at that point – and beneficiaries will be nominated in the usual way. Assets held in trust don’t form part of the estate and therefore won’t be taken into account in inheritance tax calculations – provided they were placed in trust more than seven years before the individual died – but tax would still have been paid (see below).

Trust accounts

Read our guide to find out more about trust accounts and how trust accounts work.

Do beneficiaries pay tax on inheritance from a trust?

If the estate being passed on exceeds the deceased’s IHT allowance, then yes, tax will need to be paid on inheritance from a trust – but the rules are slightly different. The deceased would have already paid 20% inheritance tax on all assets when they were originally put into the trust, as well as a 6% tax charge (less the IHT allowance) on each 10-year anniversary. When the trust is closed or the beneficiaries otherwise remove the assets, another tax charge is applied of up to 6%, depending on when the most recent 10-year valuation took place.

However, these rules can vary depending on the type of trust that was initially set up; it’s important to speak to a professional for advice.

What happens when you inherit money from a trust?

This can depend on the type of trust it is, but typically speaking, it should simply be a case of asking the trustees to pay you the money you’re entitled to. Alternatively, if there are several beneficiaries and everyone agrees, the trust could be wound up and the money distributed according to the will.

Inheritance Tax FAQs

Can I get my inheritance in cash?

This will depend on the assets you’re entitled to receive. If you’re inheriting money then it will usually be paid into your bank account as cash from the estate itself (via the executor’s/solicitor’s bank account).

However, if you receive shares or property, there’s nothing to stop you from selling them and taking cash at a later date, though additional tax liabilities may need to be considered.

Can I sign over my inheritance to someone else?

Yes. If you don’t want to keep the inheritance for any reason, you’re free to sign it over to someone else you nominate by drawing up a “deed of variation” no more than two years after the deceased passes away. It’s wise to take legal advice before proceeding to account for any potential legal and tax implications.

Does an inheritance count as income?

An inheritance itself doesn’t automatically count as income, but if you were to receive an income as a result of using the inheritance – such as if you invested the money and earned interest or dividends from it, or earned rental income from a buy-to-let property you bought with the inheritance – the proceeds would count as income and would therefore count towards your income tax calculation. Find out more about how investments are taxed.

Does an inheritance affect my pension?

No, unless you want to add the inheritance to your private pension pot, in which case it will impact it in a positive manner, and nor will it affect your entitlement to the state pension, though it may affect pension credit if you’re in receipt of it. It’s worth speaking to an adviser if you’re unsure.

How do you prove inheritance theft?

If you suspect that someone’s stolen from the estate – perhaps a sibling or family friend wanting to receive inheritance they’re not entitled to, or an executor who steals or embezzles during the administration process – you need to prove that inheritance theft has taken place. This can be a tricky undertaking, particularly if wills are out of date, lost or contested, so it’s worth seeking legal advice.

A Comprehensive Guide To Inheritance Tax | moneyfactscompare.co.uk (2)

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Disclaimer: This information is intended solely to provide guidance and is not financial advice. Moneyfacts will not be liable for any loss arising from your use or reliance on this information. If you are in any doubt, Moneyfacts recommends you obtain independent financial advice.

A Comprehensive Guide To Inheritance Tax | moneyfactscompare.co.uk (2024)

FAQs

How much money can you inherit without paying tax in the UK? ›

There's normally no Inheritance Tax to pay if either: the value of your estate is below the £325,000 threshold. you leave everything above the £325,000 threshold to your spouse, civil partner, a charity or a community amateur sports club.

What is the loophole for Inheritance Tax in the UK? ›

Another common tax loophole is to downsize your property. As inheritance tax only comes into effect at the time of someone's death, taking into account assets that have been given away in the seven years prior to death, it can be a good idea to downsize to a smaller property.

What is the simple guide to Inheritance Tax in the UK? ›

Inheritance tax is a 40% tax applied after a person dies to estates that are worth over £325,000 – or more if a home or the sale proceeds of a home are included. What's included in the estate? What's exempt from Inheritance Tax?

Do I have to pay Inheritance Tax on my parents' house in the UK? ›

Currently, the inheritance tax rate is 40%. The current threshold is £325,000. However, you may not pay tax on anything above this when inheriting your parents' home. The reason is that in 2017 the government created the Residence Nil-Rate Band (RNRB).

Can I gift 100k to my son in the UK? ›

Technically speaking, you can give any amount of money you wish as a gift to one or more of your children or any other member of family. Some parents also choose to buy property and put it into their child's / children's name(s).

Do foreigners have to pay UK inheritance tax? ›

If you are a non-resident, but you also have assets in the UK like property for example, then those assets will be liable for UK inheritance tax even if you're nondomicile and you're living abroad. Any UK assets are liable for UK inheritance tax.

How to avoid paying taxes on inheritance money? ›

  1. How can I avoid paying taxes on my inheritance?
  2. Consider the alternate valuation date.
  3. Put everything into a trust.
  4. Minimize retirement account distributions.
  5. Give away some of the money.
Jan 12, 2024

How do I avoid paying Inheritance Tax UK? ›

Ways to reduce Inheritance Tax
  1. Leaving your estate to a spouse or civil partner.
  2. Setting up trusts.
  3. Gifts to charity.
  4. Lifetime gifts.
  5. Using life insurance.

Do I need to pay tax on money from parents in the UK? ›

You do not pay tax on a cash gift, but you may have to pay tax on any income that the cash gift generates. For example, if you place the cash gift in a bank or building society account, you may have to pay tax on the interest you earn on that account.

What assets are free from inheritance tax? ›

Certain types of assets are also exempt, or partially exempt, from inheritance tax. In particular, pension pots are not treated as part of an individual's estate, and agricultural and business property can attract either 50% or 100% relief.

How to pass money to heirs tax free? ›

Strategies to transfer wealth without a heavy tax burden include creating an irrevocable trust, engaging in annual gifting, forming a family limited partnership, or forming a generation-skipping transfer trust.

Can both parents give $3,000 each year? ›

You may need to split this amount between your children to effectively use your allowance. Note that this is a per person allowance, so both parents may gift £3,000 each per year. If you don't use your total annual gift allowance, you can carry it over to the following year, although you can only do this once.

How much can I inherit from my parents tax free? ›

In 2024, the first $13,610,000 of an estate is exempt from taxes, up from $12,920,000 in 2023. Estate taxes are based on the size of the estate. It's a progressive tax, just like our federal income tax.

Do I automatically inherit my parents' house? ›

Many people think children automatically inherit a house when their parents die, but this isn't true. It's possible for children to inherit without a will, but it doesn't always happen. Every state has its own laws about who inherits what in the absence of a will.

What to do when you inherit your parents' house? ›

What's the best thing to do when you inherit a house?
  1. Call your lawyer or family estate planner. ...
  2. Secure the property. ...
  3. Assess the condition of the property. ...
  4. Transfer the utilities. ...
  5. Pay any past-due taxes or utility bills. ...
  6. Get an appraisal.
Jun 28, 2023

What is the most you can inherit without paying taxes? ›

There is a federal estate tax, however, which is paid by the estate of the deceased. In 2024, the first $13,610,000 of an estate is exempt from the estate tax. A beneficiary may also have to pay capital gains taxes if they sell assets they've inherited, including stocks, real estate or valuables.

What is considered a large inheritance in the UK? ›

In the UK, some say a net estate of more than £500,000(www.nimblefins.co.uk opens in a new tab) – with the after-tax inheritance for a single beneficiary being anywhere above £100,000(dontdisappoint.me.uk opens in a new tab). But there are factors that can affect how much someone inherits from an estate.

What is the inheritance law in the UK? ›

Children - if there is no surviving married or civil partner

If there is no surviving partner, the children of a person who has died without leaving a will inherit the whole estate. This applies however much the estate is worth. If there are two or more children, the estate will be divided equally between them.

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