In this section:
  • Excepted estates - if the death was between 6 April 1996 and 5 April 2002

Excepted estates - if the death was between 6 April 1996 and 5 April 2002

An 'excepted estate' is an estate where no Inheritance Tax is due. Although there are forms to complete, a full Inheritance Tax account (form IHT400) isn't required.

On this page:

What qualifies as an excepted estate?

If the deceased person died between 6 April 1996 and 5 April 2002, the estate will generally be an excepted estate if it qualifies as a low value estate.

This means if you're a personal applicant you'll probably need to fill in form IHT205 Return of Estate Information (or form C5 in Scotland) as part of the probate process. If you're a solicitor you only need to swear the oath.

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What is a low value estate?

To qualify as a low value estate, the estate must meet all the following conditions:

  • the value of the estate wasn't more than the excepted estate limit for the year of death - see the table below
  • the value of any foreign assets wasn't more than the limit for the year of death - see the table below
  • the value of any 'specified transfers' wasn't more than the limit for the year of death - see the table below
  • the deceased person hadn't made any other gifts within seven years of their death that weren't specified transfers - see more in the section on specified transfers below
  • the deceased person hadn't made any gifts that they continued to benefit from -these are known as 'gifts with reservation of benefit' - see more in the section on gifts with reservation of benefit below
  • the deceased person hadn't made any transfers into a trust during their lifetime
  • the deceased person did not benefit from any assets held in trust within seven years of their death
  • the deceased person had made the UK their permanent home - they were 'domiciled' in the UK when they died
Limits for low value estates

Deaths between

Excepted estate limit

Assets held outside of the UK limit

Specified transfers limit

6 April 1996 and 5 April 1998

£180,000

£30,000

£50,000

6 April 1998 and 5 April 2000

£200,000

£50,000

£75,000

6 April 2000 and 5 April 2002

£210,000

£50,000

£75,000

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What is a specified transfer?

Specified transfers are gifts that the deceased person made during their lifetime which were gifts of cash, quoted stocks or shares.

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What is a 'gift with reservation of benefit'?

If the deceased made a gift to someone and still continued to benefit from it - such as a house they gave away but still continued to live in - it is considered a gift with reservation of benefit, and counts as still being part of their estate for Inheritance Tax purposes.

Passing on your home to your children

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