What happens when the first spouse dies?

Map how each asset passes

Start with ownership, not assumptions.

• Joint tenancy: the survivor usually takes automatically.
• Tenancy in common: the deceased's beneficial share can pass under the will.
• Sole-name assets: executors or administrators deal with them.
• Pensions and insurance: check scheme rules, nominations and trusts.
• Business or overseas assets may need separate advice.

Everything to the survivor

An outright gift to a spouse or civil partner may be simple and commonly benefits from the spouse exemption. It also means the survivor owns and controls the assets. Their later will, gifts, remarriage, care needs and creditors may affect what remains for children.

The familiar £1 million figure

The description only fits a qualifying married couple or civil-partner estate with the required residence and direct-descendant conditions. The ordinary nil-rate band is £325,000 and the residence nil-rate band is £175,000, with transfer and taper rules. It is not a universal allowance for every couple.

Use the current estate-administration forms

Where a full IHT400 account is required, executors should work from HMRC's live page rather than a stored copy. HMRC added an updated IHT400 calculation form on 3 September 2026. The notice did not announce a threshold change. IHT is UK-wide, but probate, confirmation and grant procedures differ; this page explains the England and Wales route only.