Residence Nil rate band where there is a trust

Trusts Discussion
1

I am dealing with an estate where D has left the whole estate to a discretionary trust. He owned a house as joint tenants with his 3 children, so this has passed by survivorship.

From what I have read, to claim the RNRB I believe it may be necessary to vary the Will so as to leave the estate to his children outright but I was wondering if anyone was aware whether the RNRB could be claimed without doing so as the property passed by survivorship and does not form part of the trust?

Thank you,
Kirsty Cartwright
St Helens Law

2

IHTA 1984 s 8J defines the term “inherits”.

“Inherits” is defined in subsection (2) “…if there is a disposition … by will, …intestacy or otherwise…”

“Or otherwise” would extend to inheritance by survivorship.

Malcolm Finney