TRNRB with Discretionary Trust?

Hello,

I am acting in the estate of the second spouse. The entirety of the residue is left to a Discretionary Trust. There are a few specific and pecuniary legacies but none of the property and there is sufficient cash to settle the pecuniary legacies without needing to sell the property.

On the death of the first spouse, the entire estate was left to the surviving spouse. The first spouse did not own a share in the property.

Am I correct in thinking that as the second spouse loses his RNRB (as the property is inherited by the DT) that he also loses the TRNRB?

Thanks in advance,
Helen

Yes.

Presumably, if you still have time, s.144 could still apply to an appointment within 2 years of death.