DOV to sever property passing by survivorship and RNRB

Trusts Discussion
1

Dear all,

Any guidance would be much appreciated. I am dealing with the estate of the second spouse to die, the first died a few months before where he left everything to his wife - this includes the
family home which passed by survivorship.

On the wife’s estate, there is the bunching of assets where the gross estate is over £2 million and means the RNRB is virtually wiped out.

To avoid this, can I use a DOV to redirect the husband’s share in the property to his children? This will then allow the RNRB to be used in his estate. This would also reduce the second spouse’s estate, where their RNRB, NRB and TNRB can be used.

Many thanks,
Parveen Haynes
Lennons Solicitors

2

Yes, this is generally considered acceptable practice by both practitioners and HMRC.

Paul Saunders

3

Thanks Paul. This came up in a STEP Tax exam question and concurs with my colleagues’ views. I just wanted to make sure.

Best wishes.
Parveen Haynes
Lennons Solicitors