I wonder if members could assist on the following
I am dealing with the estate of the wife who has died very recently. The husband died in 2012.
In the husbands will there was a nil rate band discretionary trust. The sum of £305,000 went into the trust and was invested with the assistance of a financial advisor.
For some reason this fund has been placed in the name of the wife ( she was one of the beneficiaries) . I am trying to get all of the details . The son was acting under POA for his mum and was one of the Trustees, the third trustee was a solicitor. At this stage I am unsure what documents were completed in order to place these funds in the wife’s name. I think that this was done in the last few years.
My concern is with respect of the husbands nil rate band. Can I claim the unused nil rate band or has that been used ? if not if I can show that the correct documents had not been completed that the funds still belong to the trust.