Contentious Probate Dispute Surrounding Interpretation

The 'nil rate band' offers an incentive to testators to make their will in a tax-efficient manner, maximising the amount available to beneficiaries. However, a recent ruling illustrates how the clear wording of a testator's will limiting the amount available under the nil rate band (NRB) will be interpreted.

The decision also demonstrates the importance of engaging specialist solicitors in drafting an effective will. Our contentious probate litigation solicitors are highly experienced in advising will dispute clients with sensitivity and precision.

What is the nil rate band?

The NRB is a threshold below which no inheritance tax is payable on death. The current NRB is £325,000 and will not change before April 2026. If a deceased estate is valued at more than £325,000, inheritance tax may be chargeable on the excess.