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Who inheritsIHT400 boxes 92 and 93

Gifts to a husband, wife, civil partner or UK charity are free of Inheritance Tax. Tell us how the will (or the intestacy rules) share the estate.

There is no will, so the intestacy rules decide who inherits. In England and Wales a husband, wife or civil partner takes the personal possessions, the first £322,000 (£270,000 for deaths before 26 July 2023) and half of the rest; the children or grandchildren take the other half. We use those shares. A child or grandchild under 18 has their share held on trust until they turn 18, which still counts as passing to them for the residence nil rate band.

The rest is treated as going to people who pay tax on it, such as children.

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