What counts as a debt owed to the estate
A debt is a legally enforceable obligation for someone to pay money to the deceased.
At death, the right to collect that money passes to the executor. If the debt is genuine and collectible, it must be included as an estate asset on IHT416.
Loans to family members
The most common entry on IHT416.
If the deceased lent money to a child, sibling, or other relative — regardless of whether there was a formal written agreement — that loan is an estate asset.
The outstanding balance at the date of death (principal, plus any agreed interest) is the IHT value.
Whether the family member will actually repay it after death is a separate question from its IHT value.
Business debts and outstanding invoices
If the deceased ran a sole trader business or was a partner, outstanding invoices for work done before death are estate assets.
The amount collectible at the date of death (net of any amounts the executor reasonably believes will not be paid) is the IHT value.
Deposits and overpayments
Security deposits (for example, a tenancy deposit held by a letting agent on behalf of the deceased landlord), overpaid income tax or benefits, or amounts the deceased overpaid to HMRC are all estate assets.
HMRC tax refunds in particular can be significant — check whether a repayment was due under the deceased's final income tax return.
Loans that are really gifts
If a payment to a family member was never genuinely intended to be repaid — even if called a 'loan' — HMRC may treat it as a potentially exempt transfer (PET) reportable on IHT403, not an asset on IHT416.
The distinction matters: as an asset, the debt increases the estate's gross value; as a PET, it may reduce the nil-rate band.
The treatment depends on the facts — was there a written agreement? Did the borrower ever make repayments? Was interest charged? Would the deceased genuinely have sued for recovery?
A debt is a legally enforceable obligation for someone to pay money to the deceased.