Can I leave my house to my children?
Yes. You can leave your home to your children in your will, and doing so can unlock the residence nil-rate band of up to £175,000 in extra inheritance-tax allowance. How you can leave it depends on how the property is owned: a solely owned home (or a share held as tenants in common) can be left by will, but a home held as joint tenants passes automatically to the co-owner, overriding the will.
Detailed explanation
The ability to leave it — and the tax benefit — turns on ownership type.
- Sole owner: leave it freely in your will.
- Tenants in common: leave your share by will to whomever you choose.
- Joint tenants: your share passes automatically to the other owner by survivorship — the will can't redirect it unless you sever the joint tenancy.
- Leaving a home to direct descendants can unlock the residence nil-rate band.
Maureen owns her home in her sole name and leaves it to her two children. This uses her £175,000 residence nil-rate band on top of her £325,000 nil-rate band, so up to £500,000 passes tax-free.
- Complete the questionnaireA few guided questions about you, your family and your wishes.
- Human reviewYour answers are checked by the ClearLegacy editorial team for completeness.
- Receive your documentsYour will and supporting paperwork are produced, ready to print.
- Sign correctlyClear instructions on signing and witnessing so the will is legally valid.
- Protect your familyYour wishes are recorded and your loved ones are spared the intestacy default.
Sources
- Wills Act 1837, section 9 (valid execution) — legislation.gov.uk
- GOV.UK — Making a will
- Citizens Advice — Wills
- Reviewed by
- ClearLegacy editorial team
- Last reviewed
- June 2026
- Next review
- December 2026
- Jurisdiction
- England & Wales
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