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Probate and IHT legal question

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Key rules, evidence, deadlines and practical next steps for England and Wales.

England & Wales focusUpdated 5 September 2026General legal information

In brief

Answer

Inheritance Tax is a tax that can apply to a deceased person's estate and to certain lifetime transfers. The calculation depends on current thresholds, exemptions and reliefs, so use current HMRC figures and check the precise qualifying conditions.

What matters in practice

If a caveat, grant, HMRC enquiry, court claim or distribution has already occurred, the available remedy can be very different from the pre-grant position. Preserve originals, keep estate assets secure and avoid distribution while a genuine ownership, tax or validity issue remains unresolved.

What usually decides the answer?

Whether there is a valid will and who has authority to administer the estate

How the asset was legally and beneficially owned at death

What estate accounts, valuations, lifetime gifts and tax information exist

Whether a dispute, caveat, limitation period or distribution has already arisen

What should I do next?

1

Secure the original will and key estate papers

2

Prepare an asset, liability and lifetime-gift schedule

3

Keep executor and beneficiary communications in writing

4

Do not distribute disputed or tax-sensitive estate assets prematurely

What evidence should I keep?

Keep originals where possible and preserve electronic records in a form that shows dates, senders and context. A short, indexed evidence file is usually more useful than a large unsorted download.

Original will and earlier wills where relevant

Grant, probate application and estate accounts

Bank, property, investment and valuation records

Medical, solicitor or attorney records where capacity, influence or financial abuse is disputed

How to prepare the issue

Put the key events in date order. Separate facts that can be proved from assumptions. Identify the document, agreement, notice or legal rule that creates the right or obligation, and record any deadline. Then decide whether the immediate step is to obtain evidence, answer a notice, negotiate, make an application or prepare for a hearing.

Before sending anything important, check that the factual statement is accurate, the remedy you are asking for is legally available, and the recipient is the correct person or organisation. Where money is involved, show the calculation. Where a deadline is involved, state it clearly in your own working note and do not rely on the other side to remind you.

Common mistakes to avoid

Assuming probate and inheritance tax are the same issue

Distributing before debts, tax and known claims are properly addressed

Treating jointly held assets as automatically belonging wholly to the survivor without checking beneficial ownership

Destroying, altering or annotating original testamentary documents

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Official starting points

Check the current rules against these official sources. For a live dispute, apply the source material to the actual facts, documents and deadlines.

Important

General legal information only; not legal advice on a specific case. Law and procedure can change, and different rules apply in Scotland and Northern Ireland unless expressly stated. If a court, tribunal, tax, enforcement or appeal deadline is running, check it immediately.