I have a situation whereby the surviving spouse co-owns a property with her elderly mother. The ss and her late husband have each been married previously. Would the ss’s estate benefit from the RNRB of the husband even if he did not have any legal interest in the property which they all occupied together?
The provisions do not seem to suggest exclude such a situation but I wondered if anybody had had any experience?
Evelyn Barker
Joanne Ball Solicitor
The carry forward RNRB is not dependent upon whether the first deceased satisfied any residency conditions – it is only the residency qualifications of the person whose estate is claiming the carry forward RNRB that are relevant.
Paul Saunders FCIB TEP
Independent Trust Consultant
Providing support and advice to fellow professionals
Yes, surviving spouse’s estate would in principle qualify for deceased’s unused RNRB.
The lack of home ownership does not preclude entitlement by surviving spouse.
[IHTA 1984 ss 8G and 8L].
Malcolm Finney
Many thanks for your help.
Evelyn Barker
Joanne Ball Solicitor