What happens if probate gets delayed? How much Inheritance Tax will my family pay? Your questions, answered
Do you have questions about Inheritance Tax, probate, being named an executor, or contesting a will? Learn what you need to know about these topics – and more – here.
In later life, two experiences are near-universal: going through the death of a loved one, and considering how your own passing will affect your family.
Both can be very challenging and often happen simultaneously. For example, you might have lost a parent recently, prompting you to create your own estate plan and have important conversations with your adult children.
While these events can be overwhelming, a financial planner is well-equipped to support you. Here are some common questions we receive, answered.
Remember, the below insights can be applied generally but may not fit with your circumstances. Get in touch with us to discuss your estate planning needs with our team.
What is an “estate plan”?
An estate plan is unique to everyone, but essentially, it describes how you want your assets to be passed down when you die, and to whom.
It usually includes:
- Your will
- A plan to mitigate Inheritance Tax (IHT)
- Tax-efficient gifting strategies
- Relevant protection, such as life insurance.
Typically, it’s worth starting to form your estate plan earlier in life – from your 40s, or earlier if you have significant assets or children of your own.
Then, it’s a case of updating your plan as you go through life.
How much Inheritance Tax will my family pay when I die?
IHT is levied on approximately 4% of UK estates. It is designed to even the playing field and prevent further wealth inequality, although many disagree with the tax on principle.
As it stands, there are two thresholds you need to know about: the nil-rate band and residence nil-rate band.
| Threshold | What it represents | Who benefits from it | Amount | Fixed since/until |
| Nil-rate band | The amount you can pass down to loved ones without paying IHT. | Everyone | Up to £325,000 | Since 2009, until 2031 |
| Residence nil-rate band | An additional allowance for those passing their main home down to a direct descendant. | Homeowners with an estate worth less than £2.35 million passing their home down to a child, grandchild, great-grandchild, stepchild, or adopted child. | Up to £175,000 | Since 2017, until 2031 |
For the most part, an individual can pass on up to £500,000 without IHT being due on their estate.
Is it worth writing a letter of wishes as well as a will?
Although letters of wishes aren’t legally binding, many people find it useful to include one in their estate plan.
A letter of wishes has several functions:
- Offering insights into funeral preferences, including music choices, readings, the kind of burial you want, or whether you wish to have a religious ceremony.
- Explaining decisions made in your will, adding context, and reducing the chances of disputes in some cases.
- Giving words of wisdom to your loved ones while they are grieving.
Should I have an “in case of emergency” file and what should be in it?
Along with a will and letter of wishes, some people put together an in case of emergency (ICE) file for family members to access in case the unthinkable happens.
An ICE file might contain:
- Your bank account and mortgage information
- Instructions on how to claim with insurance providers
- The location of your will and letter of wishes
- Your smartphone and laptop passwords
- Useful contacts, including your accountant, GP practice, workplace, financial planner, and others
- Contact details regarding your Lasting Powers of Attorney (LPA) and the executor(s) of your will.
This file could be invaluable if, for instance, you were to become ill or pass away unexpectedly. It will, however, contain very sensitive information and should only be shared with a select few people you wholeheartedly trust. You could consider making physical and digital copies of your ICE file.
I’m the executor of a will. What do I do if probate is delayed?
Being named an executor is a very important role. You will be responsible for having the person’s estate valued, paying IHT, and administering the estate.
Before any of this can happen, though, you will need to apply for probate to be granted – ensuring the will is valid and giving you the green light to begin the process of dealing with the estate.
However, probate delays can prove frustrating. In February 2025, the government reported it had reduced wait times to just four weeks, after a spike following the Covid-19 pandemic left some estates waiting months, or even more than a year, for probate to be granted. It can still take much longer than four weeks if the estate is very complex or the deceased person did not have a valid will.
As such, if probate is delayed, you will need to keep the beneficiaries informed. In addition, it’s worth speaking to HMRC about the potential IHT liability on the estate – usually, you will need to begin paying IHT within six months of the death, after which the sum begins to gather interest.
When is it appropriate to contest a will?
Ministry of Justice data, not made available to the public at source but published by MoneyWeek, found that inheritance disputes rose by 61% between the 2021/22 and 2024/25 financial years.
You could have grounds to legally contest a will – either as an executor or beneficiary – if you believe (and have evidence that):
- The person was coerced when making the will
- They did not have mental capacity at the time the will was made.
Keep in mind that, while you may feel strongly about contesting a will you consider invalid, your legal costs could mount up very quickly. It is worth talking to a legal professional before taking steps to contest a will.
Should I tell my family about the choices I’ve made in my will?
It’s usually constructive to have a conversation with your executor and beneficiaries about your estate plan, including the choices you have made in your will.
Sitting down to discuss how you have allocated your assets, and why, could alleviate any confusion and enable your loved ones to ask questions. Putting this off until it’s too late may only exacerbate their grief, and potentially their confusion, later.
Get in touch
You may have questions on your mind that haven’t been answered here. To speak to a financial planner about your own estate plan, funds you have inherited, or any other financial matter, get in touch today.
Email us at hale@kelland.co.uk, or call 0161 929 8838.
Please note
This article is for general information only and does not constitute advice. The information is aimed at individuals only.
All information is correct at the time of writing and is subject to change in the future.
Please do not act based on anything you might read in this article. All contents are based on our understanding of HMRC legislation, which is subject to change.
The Financial Conduct Authority does not regulate estate planning, tax planning, Lasting Powers of Attorney, or will writing.