Married couple, Mr passed away 21 October 2008, his will left his half share of the main residence to his adult daughter.
Surviving spouse (currently aged 92) gifted her half share of the main residence to the same daughter around 2 ½ years ago. The mother now lives in a cottage alongside her daughter and daughter funds the rent on the cottage.
Do you think the executors will have a TRNRB for Mr and also a RNRB for Mrs when she passes?
One theory is that for Mr, as he dies before 6 April 2017, 100% of the RNRB will be available to be transferred when Mrs subsequently dies.
As far as RNRB for Mrs is concerned, the downsizing rules will apply, as she gave away her home which she had a QRI in, and so RNRB will apply.
The other theory is that as Mr died before the RNRB was introduced, his RNRB will transfer to Mrs estate. It cannot be retrospectively claimed on the legacy to his daughter as we are outside of the two year claim ‘window’.
For Mrs, if she dies within the next 4.5 years, the gift of the half share of the house to her daughter will be brought back in to account and so would not qualify for RNRB as it cannot be claimed on failed PETs.