IHTM13041 | Domicile: election by non-UK domiciled spouse or civil partner: who can make an election?

From HM Revenue & Customs · Inheritance Tax Manual

From 6 April 2025, for inheritance tax purposes, domicile is replaced by long-term UK residence and you can find details of these rules at . Details of spousal elections under the new rules are at . Transitional rules will apply to existing domicile elections and details are at .

Provided that a person meets the necessary conditions (), an election to be treated as domiciled in the UK can be made by:

  • the person themselves, , or

  • if they have died, their personal representatives, .

However, the personal representatives will only need to consider making an election where:

  • the person’s UK-domiciled spouse or civil partner has also died, and

  • transfers between the couple were made at a time when full spouse or civil partner exemption was not available under of .