TRNRB death 2013

Having difficulties today in considering Transferable Residence Nil Rate Band available on surviving spouse estate.

Married couple own property jointly:

They sell property prior to July 2015 (during 2013) to fund care.

First spouse dies just after completion of property sale in 2013.

At this point the RNRB does not exist!

Surviving spouse dies 2018. She does not of course own a property so understand that we cannot claim her RNRB. However ……

IHTM46040 states that the TNRB is available regardless of when the first death took place even if it did not include a residence. Also states ……for deaths before 6 April 2017 as there was no RNRB at the time none can have been used. The brought forward amount will be 100% of the residential enhancement in force at the later death of the surviving spouse.

We are doubting ourselves - can we claim first spouse’s RNRB??

Is anyone able to assist please??

Many thanks

Kathy Melkerts

Melkerts Solicitors

My understanding is that the surviving spouse’s estate will be entitled
to claim the £100,000 brought forward residence NRB from the estate of
the first to die. However, it can only be applied if there is a
qualifying residential interest in the estate of the surviving spouse.

Paul Saunders

Reconsidered this and believe the RNRB will not be available as no interest in property existed at 8 July 2015 for either spouse.

Do others agree?

Many thanks

Kathy Melkerts

Melkerts Solicitors

There is a transferable RNRB because the first spouse to die did not (could not) use the RNRB. However it will do you no good because in order to make use of the RNRB (including any transferred RNRB) the estate you are dealing with would need to include a residence, or proceeds from a post-7.7.15 ‘downsizing’. As you already appreciate, there is not residence, and the downsizing occurred too long ago.

Paul Davies