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Inheritance Tax

What is the Spouse and Civil Partner Inheritance Tax Exemption?

One of the most significant Inheritance Tax exemptions is the spousal exemption. Transfers of assets between married couples and civil partners are generally exempt from IHT, both during their lifetimes and on death.

What the exemption covers

Where assets pass from a deceased person to their surviving spouse or civil partner, those assets are generally exempt from IHT. Because these assets are exempt, no Inheritance Tax is paid on them when the first spouse dies. Whatever the surviving spouse still owns becomes part of their own estate, and is assessed when they die. This is why the TNRB and TRNRB are so important: they allow unused allowances to carry forward to the surviving spouse’s estate.

Where the exemption is limited

The unlimited spousal exemption applies where both spouses are UK-domiciled for IHT purposes. Where the surviving spouse is not UK-domiciled, a lower cap applies. Domicile is a specific legal concept, not the same as residence or nationality.

For deaths on or after 6 April 2025, this depends on whether each spouse is a long-term UK resident, rather than on domicile. YouCanDoProbate cannot be used where the surviving spouse or civil partner was not domiciled in England or Wales, or not a long-term UK resident living in England or Wales.

Unmarried couples

Unmarried cohabiting partners, regardless of how long they have lived together, do not benefit from the spousal exemption. Assets passing from one to the other are subject to the normal IHT rules. This is one of the most significant IHT disadvantages of not being legally married or in a civil partnership.

YouCanDoProbate applies the spousal exemption correctly based on the information you enter about the deceased and their surviving partner.

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Trustpilot five star rating
Does what it says on the tin!

Easy to follow instructions, great telephone support, Probate granted without any delays.

Mr Swetman
Trustpilot five star rating
My mother died in March this year and I…

My mother died in March this year and I now have an IHT421 AND Probate. Very happy with the process and occasional need to call for guidance. Callbacks were always prompt and informed. The idea of having a named case worker is as particularly helpful.

Mike B
Trustpilot five star rating
An Absolute Must

After revisiting the IHT400 form several times and googling some of the terms used, stumbled upon You can do Probate. I was a little sceptical about signing up as it was£499 versus a minimum of £2k for a solicitor. The site breaks everything down into manageable sections. provides plain English guidance and videos to help you complete the form. it turns out I did not have to use the IHT400 as I had an excepted estate. once everything is completed, click print form, signed and sent off. I had probate granted after 7 working days and the certificate after 9. I cannot recommend the service enough

Steve Cooper
Trustpilot five star rating
Posted the completed Probate form and received the Grant of Probate letter 4 working days later…amazing service.

This was the first Probate I’d applied for. Initially, I assumed I’d have no choice but to go via a solicitor who would have asked me to gather all the information required yet charge thousands of pounds for the service. After carrying out further research online, I came across the YouCanDoProbate website, read their Trustpilot reviews and made some other sensible checks. I phoned them and had an initial conversation with Tom who was friendly and knowledgeable and asked several questions about the estate (it was over the individual IHT threshold but would be using the Transferable Nil Rate Band of a pre-deceased spouse) and he confirmed the platform would be able to deal with this. I was a little nervous initially about whether this was the right way forward but decided to go for it, signed up and paid the £499 fee which gave me access to the platform via my usual web browser so no special software needed. From then on, it was a relatively straightforward administrative task of putting in the information required. I loved that it saved all the information so that if I was interrupted or had to stop, I could just go back to it later and pick up where I’d left off. It went through the estate details very logically – personal info of all those involved – the deceased, pre-deceased spouse, executors, beneficiaries then assets, liabilities, expenses, gifts etc. After filling in all the required information, the platform then generated the Estate Summary (in my case showing there was no inheritance tax to pay and confirming that I didn’t have to fill in a separate form to send to HMRC). It had autofilled all the relevant information I’d input in the previous sections and made all the calculations for me with a detailed breakdown as to how the figures were arrived at. When I needed help and a bit of reassurance on 4 occasions via support ticket email, requesting a callback for a specific time or calling directly, Adam and Tom answered my queries quickly and knowledgeably and I was fully reassured that the forms had been completed correctly. Once I was satisfied with the Estate Summary details, I was able to move on and the system generated the autofilled Probate form which I could download and print off for review before signing. If anything needed to be amended, it was possible to go back and do so throughout the entire process before completing one stage and moving on to another. While I chose to complete the forms over the course of several days, I think it would be possible to complete the whole process in a few hours if there were no interruptions. On Thurs 28th May, I posted off the PA1P probate form with all the other relevant documents required including the probate fee postal orders (so no time waiting for a cheque to clear). I used the 1st class Royal Mail tracked service which was delivered the next day. I received an acknowledgement of receipt email on Mon 1 June with a reference number, another email on Tues 2 June confirming that Probate had been approved and, finally, on Thurs 4 June, I received the Grant of Probate letter in the post, 4 working days after sending off the application. I was expecting to have to wait 3 or 4 months for a response and am truly amazed at the speed of the turnaround. I cannot thank YouCanDoProbate enough. It is an amazing service, worth every penny of the £499 cost and I highly recommend it.

JA
Trustpilot five star rating
VERY SIMPLE TO FOLLOW

VERY SIMPLE TO FOLLOW

Tom Fuller
Trustpilot five star rating
Great experience, such a straightforward process!

At such a difficult time we found the whole process so straight forward. From my initial call to explain how the platform works I cannot fault ‘YouCanDoProbate’. From start to finish the platform was so easy to use, the online and telephone support was excellent. Theres no need to rush and complete in a day as the platform saves your progress so it can be completed as and when you’re ready. In comparison with a solicitor the fees are very competitive! Once completed we received probate forms back within 2 weeks. Thanks again!!

Maureen Nixon
Trustpilot five star rating
This is an exceptional service.We were…

This is an exceptional service.We were quoted over £7000.00 from solicitors .The process for us was very straight forward .The forms and support to complete the probate were provided and we could take our time to complete.Downloading was straight forward . Probate forms were sent off and Grant of probate received within 6 weeks. Highly recommend using this service . Thankyou.

kerry jane jones
Trustpilot five star rating
Due to the present extenuating…

Due to the present extenuating circumstances i.e. Coronavirus Lockdown, I decided to do Probate on my own behalf. Having now completed the paper work. Sincerely I should like to thank the support team for their help and guidance.It was reassuring to know that there was always someone at the end of the phone to call upon if I was uncertain.

Ken Winter
Trustpilot five star rating
Excellent programme

Excellent programme, very easy to use. Probate granted in 6 weeks with no problems. Highly recommend and would use again. Saved a FORTUNE on solicitors.

Keith
Trustpilot five star rating
simple system and help available if…

simple system and help available if needede

David Pike
Trustpilot five star rating
Everything clearly explained.

Explained everything clearly. Guided one to do everything in order. You can save what you have inputted, and come back when you have further information. You can’t proceed until you have given all the correct information. Expensive but foolproof.

Patrick Lynn
Trustpilot five star rating
This is a fabulous piece of software…

This is a fabulous piece of software and wonderful support. I have never had to go through the process before and the software made it simple and manageable. When I had a question, they were very very quick to respond and gave me all the time I needed and super advice which saved me time and money. Fabulous company, I highly recommend.

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Additional costs: The probate registry fee of £526 (for all estates over £5,000) and any additional official copies at £2 each. (Payable directly to HM Courts and Tribunals Service by cheque or postal order, enclosed with your application forms).
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© YouCanDoProbate • YouCanDoProbate is a trading name of Kabing Ltd.
YouCanDoProbate is not a law firm, is not authorised to conduct reserved legal activities, and is not regulated by the Solicitors Regulation Authority (SRA). Our digital service is a self-help online platform for you to input data, navigate forms, and manage your own inheritance tax returns and probate applications as a lay applicant. It provides administrative utility tools, forms, and general information. Our telephone, email, support ticket, and live chat support provide administrative and technical guidance only. We do not provide legal, estate planning, or tax advice, and our service is not a substitute for a regulated professional’s advice regarding complex estate or tax matters.
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