Step children and inheritance tax and property

GuitarNeb

https://forums.moneysavingexpert.com/discussion/comment/81957855#Comment_81957855

I read this from Warner Goodman LLP

"One of the criteria to qualify for RNRB is that the individual must own the home, or a share of it. This is why it is vital that your home is registered jointly with your spouse or civil partner and not solely in one of your names. If one spouse does not own a share in the home and dies, they will have no RNRB to transfer over."

and something similar from BlakeMorgan.

which implies the first scenario requires ownership for my husband to have any RNRB. Whilst I'm trying to get the Wills to cater for multiple risks it may not work with this issue I think.

Keep_pedalling

https://forums.moneysavingexpert.com/discussion/comment/81959012#Comment_81959012

While that is true, it is not referring to the transferable RBRB which is claimable by the second spouse to die regardless of whether their spouse owned a home at the time of death or not and even if they died decades before the exemption was introduced.

poseidon1

https://forums.moneysavingexpert.com/discussion/comment/81959012#Comment_81959012

I am total agreement with @Keep_pedalling in that there is no requirement at all in the transferable residence nil rate band legislation for the 1st spouse to die to have ever owned a home during their lifetime, for their RNRB to be transferable to the surviving spouse.

This mirrors the main £325k NRB where a deceased first spouse can die penniless and still pass on an intact NRB.

Being charitable to the sources you have quoted they are simply wrong. If I were less charitable then it maybe they are putting forward a false position to drum up unnecessary business. The correct position is covered by the law firm below -

https://www.weightmans.com/insights/how-to-handle-the-residence-nil-rate-band/#transferable-residence-nil-rate-band

However, I would make the observation that it is of concern that some law firms are in error in their understanding/explanation of this fundamental matter, and one wonders if they are maybe wrongly excluding the transferable RNRB for estates in this circumstance, where they have been asked to deal with probate. Disturbing to say the least.

Be interesting to discover what your own solicito'rs view of the matter might be , unless of course they happen to one of the firms you quoted ( which would be unfortunate).