Clarke Willmott

Would the residence nil rate band (RNRB) and transferable RNRB (or both RNRBs) be available where spouses A and B die simultaneously and where their Wills each leave their respective estates on trust for the other for life and then on discretionary trusts for their children?

Would the residence nil rate band (RNRB) or transferable RNRB be available on either the first or second deaths where an individual A leaves their estate to their spouse B for life with the remainder as to part for a defined lineal descendant absolutely and the other part for another defined lineal descendant for life? (In each case, the defined lineal descendants would be sufficiently related to A to satisfy the ‘closely inherited’ requirement).

X has a long lease in a block of flats. X is abroad (unknown location), but has email addresses, though he infrequently responds to emails. X’s flat is furnished but unlet and unoccupied. X has over £10,000 of service charge arrears. X refuses to engage with the freeholder via the management company. The management company now want to take action. Given that X is the leasehold owner of the flat, can a claim be served at his flat and via email, despite knowledge he is abroad, though details of his location are unknown?

X owned shares in a private limited company which X sold and invested the net sale proceeds in other assets. The original holding of shares would have been eligible for BPR if X had held them at their death and the replacement assets met the conditions for BPR, except that X held them for only one year before their death. Can X's executors claim BPR in respect of the replacement assets due to section 107 of the Inheritance Tax Act 1984?