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Inheritance tax, explained: most estates pay nothing — the ones that do overpay

The UK nil-rate bands and spouse exemptions, the US estate-tax threshold and state-level inheritance taxes, and the planning that happens before, not after.

Inheritance tax is the only levy that arrives when you are not there to argue with it — which is precisely why it should be planned for while you are. The honest headline: most estates in most countries pay nothing, and the ones that do are almost always paying more than planning would have required.

The UK system

England's version is the clearest worked example. Each estate carries a nil-rate band — £325,000 — below which no inheritance tax is due; above it, the excess is taxed at 40%. A residence nil-rate band adds a further allowance when a home passes to direct descendants, and everything left to a spouse or civil partner is exempt entirely, with their unused allowances transferable. The arithmetic consequence is the famous married-couple structure: properly arranged, a couple can pass on roughly a million pounds between the two bands, the residence bands and transferability before the first pound of tax. Improperly arranged — everything left outright to children on the first death, say — the same couple wastes an entire allowance. Recent years have tightened some edges (pension pots, in particular, have moved into scope), which is the standing warning of this whole subject: the rules move, and planning against last decade's rules is how families overpay.

The American system

The US federal estate tax exempts an enormous amount per person — over $13 million under current law — so it touches only the wealthiest sliver of estates. What actually bites is the layer underneath: a dozen or so states run their own estate or inheritance taxes with far lower thresholds, and inheritance taxes (charged on what the recipient receives, with rates depending on relationship) exist in several states at levels that surprise heirs. There is also a federal gift tax sharing its lifetime exemption with the estate tax — large gifts are advances on the same allowance, not escapes from it. The step-up in basis that US heirs receive on inherited assets is a quiet counterweight, covered from the investor's side in the capital gains guide.

What planning actually involves

For ordinary estates, planning is less about schemes and more about sequence and paperwork. A will is the floor — without one, the intestacy rules the wills guide describes do the planning for you, badly. Lifetime gifting within annual and exempt limits shrinks the estate lawfully, though both systems watch for deathbed transfers (the UK's seven-year rule for potentially exempt transfers is the classic version). Keeping records — of gifts, valuations, basis — saves heirs both tax and months of archaeology. And knowing when to stop DIY: cross-border assets, business interests, second families and anything near a threshold earn an adviser whose fee pays for itself many times over.

The final honest framing: inheritance tax is a planning problem with a deadline that arrives after you. Everything actionable happens before — the bands used or wasted, the exemptions claimed or missed, the records kept or lost. The retirement basics guide builds the estate; this one decides how much of it survives the transfer. Twenty minutes with the gov.uk or IRS threshold pages tells you whether any of this applies to you — and for most readers, the answer is a relief.

Sources and further reading

Links were reviewed 2026-09-25. Regulatory permissions, firm status and product terms can change; use the current official register before acting.

  1. GOV.UK — inheritance tax
  2. GOV.UK — applying for probate

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