Q&As

Where a married couple died in quick succession, each leaving assets on a nil rate band discretionary trust (NRBDT) by Will, how can the personal representatives deal with the NRBDTs in order to maximise the availability of the residence NRB (RNRB) and transferable RNRB?

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Published on: 04 October 2018
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The availability of the residence nil rate band (RNRB) to a deceased person’s estate depends on several factors, including:

  1. •

    was the death on or after 6 April 2017?

  2. •

    is there a qualifying residential interest (QRI) or qualifying former residential interest (QFRI) in the estate at death?

  3. •

    is the QRI/QFRI closely inherited on death by the deceased’s defined lineal descendants?

  4. •

    is the value of the QRI/QFRI which is closely inherited equal to or in excess of the RNRB threshold?

  5. •

    had the deceased survived a spouse/civil partner such that their estate may benefit from the transferable RNRB?

  6. •

    is the estate in excess of £2m such that the amount of the available RNRB is tapered?

For an introduction and full explanation of the RNRB (including the definitions of QRIs and QFRIs), see Practice Note:

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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Succession definition
What does Succession mean?

How a person’s property is dealt with on their death, including who is entitled to inherit the deceased’s property.

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