How married couples and civil partners can pass unused nil rate band to the surviving spouse, potentially doubling the IHT threshold to £650,000.
This guide is part of ProbateHelp's Inheritance Tax guide cluster.
Frequently asked questions
Does the transfer happen automatically when the first spouse dies?
No action is required on the first death solely to transfer the band. The transfer is claimed on the second death when administering the survivor’s estate, so keep the first estate’s records.
The first spouse died before October 2007 when the rule was introduced. Can we still claim?
Yes. The transferable NRB applies regardless of when the first spouse died. Even if they died in the 1970s, their unused NRB can be transferred to the surviving spouse's estate.
What if the surviving spouse had more than one deceased spouse? Can multiple transfers stack up?
Yes, but only up to a maximum of 100% of the NRB. So if the surviving spouse had two previous spouses who both left their full NRB unused, the total transferred NRB is still capped at 100% — giving a total of £650,000, not £975,000.
Does the transfer apply to civil partnerships?
Yes. The transferable NRB applies equally to civil partners. It does not apply to unmarried couples, however — even if they have lived together for many years.
The surviving spouse has remarried. Can they still claim the transfer from the first spouse?
Yes. A surviving spouse who has remarried can still claim the unused NRB from their first spouse. The normal period is 24 months after the end of the month of the surviving spouse's death or, if later, three months from when the personal representatives first acted. HMRC may allow longer in an appropriate case, but do not rely on that discretion.