The transferable nil rate band has to be claimed within two years of the death of the surviving spouse.
However, I have two cases where Probate of the Will of the surviving spouse is not required, primarily because the assets which become potentially taxable on second death are held by Trustees (who are alive).
In those circumstances is it sufficient simply to send to HMRC Trusts and Estates the IHT402, the transferable nil rate band claim form?
In both cases the value of the estate, combined with the assets in trust, falls below the double nil rate band exemption - including the residence relief - of £850,000.
Any comments would be welcome.