MP Estate Planning UK

How to Transfer the Residence Nil-Rate Band to Children

RNRB transfer

We explain the RNRB and why it matters.

From 6 April 2017 an extra Inheritance Tax allowance called the RNRB helps when a home is left to direct descendants. We will walk you through what it is and how it can reduce tax on a family home.

This guide sets clear expectations. The RNRB is not automatic and has qualifying conditions. Large estates can see the allowance reduced, so planning and good records are vital.

We show how passing unused residence nil rate band to children uk often works via a surviving spouse or civil partner, then a claim on the second death under HMRC guidance. You will learn the core building blocks: qualifying home, direct descendants, and how an unused percentage transfers rather than a sum.

We use plain English and real-style examples. That will make the figures easier to follow and show practical steps for wills, ownership and executor claims.

Key Takeaways

  • RNRB is an extra allowance for a family home left to direct descendants.
  • The allowance is conditional and can be reduced for larger estates.
  • A surviving spouse or civil partner can transfer the unused percentage on second death.
  • Correct wills, ownership records and evidence make claims smoother.
  • Avoid common pitfalls like unsuitable trusts or assuming transfers for unmarried partners.

Understanding the Residence Nil-Rate Band in the UK inheritance tax system

The RNRB changed estate planning from April 2017. We explain how it sits alongside the standard nil rate band and why that matters for family homes.

How the two allowances differ

  • Standard nil rate band — currently £325,000 and applies to most estates as the basic allowance.
  • RNRB — an extra allowance that only applies when a qualifying home is left to direct descendants.

Key tax year amounts

The RNRB began on 6 April 2017 and phased in as £100,000 (2017/18), £125,000 (2018/19), £150,000 (2019/20) and £175,000 from 2020/21. That £175,000 figure is frozen until April 2028.

rnrb

“RNRB available is an extra allowance against the estate, not a separate relief that clings to the property.”

Remember: the extra relief is capped by the net value of the qualifying home after mortgages or charges. In practice, secured debts can reduce the usable allowance even where the house value looks strong. We will cover tapering for estates over £2 million and other complications later.

Who can benefit from transferring unused RNRB between spouses and civil partners

Married and civil partners have a valuable option: the second estate may inherit an uplift from the first death’s unused RNRB.

What a transferred surviving spouse means in practice

Transferred surviving spouse describes the survivor’s estate claiming an increase based on what the first estate did not use.

In everyday terms, the claim lifts the survivor’s allowance when they die. Executors make the claim on the second death and include evidence of the earlier estate.

transferred surviving spouse

When transfer works if the first death was before april 2017

Good news: a first death before april 2017 generally still allows a full transfer of the percentage. HMRC guidance usually treats the first estate as having 100% available unless the estate exceeded the £2 million threshold.

Why unmarried partners and divorced couples cannot transfer

Only a surviving spouse or civil partner can claim this uplift. Long-term partners who never married, and ex-spouses, cannot transfer. That makes planning essential where couples cohabit.

  • Practical step: keep marriage or civil partnership evidence and estate values ready.
  • Note: the £2 million threshold can reduce what transfers from the first estate.

What counts as a qualifying residential interest for RNRB

Not every property will qualify. A qualifying residential interest is a dwelling (or share of one) that the deceased owned and actually lived in at some point. It is not enough to own an investment or let a flat out as a buy-to-let.

qualifying residential interest

How HMRC checks genuine occupation

HMRC expect clear signs of real living there. Short visits or paper addresses rarely meet the test.

Keep bills, council tax, and tenancy or purchase documents as proof. These help executors show the personal link between the owner and the home.

More than one home and nomination

If the estate includes several qualifying residential properties, personal representatives must nominate one property for the relief. You cannot split the allowance across more than one house.

Exclusions and debts

Buy-to-let and pure investment properties do not qualify. Also remember mortgages, equity release and other charges reduce the net value of the dwelling. That lower net value limits the usable relief against the estate worth.

“Clear records make claiming straightforward for executors.”

  • Keep purchase and occupancy evidence.
  • Make a simple note of which property you treated as your main home.
  • Record outstanding mortgages and charges.

Leaving a home to direct descendants: the “closely inherited” requirement

A crucial test for the RNRB is whether the dwelling is “closely inherited” by direct heirs. In plain terms, the qualifying residential interest must end up with your direct descendants rather than elsewhere in the family.

closely inherited direct descendants

Who counts as direct descendants? This includes children, grandchildren, adopted, step and foster offspring. These people meet the closely inherited test for the rnrb when they receive the home as an inheritance.

Who does not qualify? Nieces, nephews, siblings and friends fall outside the definition. That common error can cost an estate significant relief.

  • Gifts made by will, intestacy, survivorship of joint ownership, or a deed of variation can satisfy the test.
  • A deed of variation (IHTA 1984 s142) can re-route an inheritance after a death so the house is closely inherited, if done properly.

Remember: even where the first death used no rnrb, the second estate must still meet the closely inherited condition for the survivor’s allowance. We recommend checking plans early and discussing options with an adviser or using our guide on how to transfer the allowance for spouses: transfer guidance for spouses.

passing unused residence nil rate band to children uk: how the transfer works on the second death

Executors should remember that what transfers after the first death is a proportion, not a fixed sum. HMRC allows a surviving spouse or civil partner to claim a transferred percentage when they die. The claim is made on the second death and must be supported by the first estate’s paperwork.

transferable rnrb

How the calculation works: HMRC first records the percentage of the RNRB that was left unused after the first death. That percentage is then applied to the maximum RNRB in force at the survivor’s date of death. This is why a 100% transfer from a pre-2017 death can be worth more later, when the allowance rose.

Practical point: the survivor still needs to include a qualifying home in their estate and leave it to direct descendants for the uplift to apply. If the property goes to non-qualifying beneficiaries or into certain trusts, the transferred benefit will not produce a tax saving.

  • Claim the transferable rnrb on the second death, not earlier.
  • Transferred percentages and the survivor’s own rnrb combine, subject to the tax year ceiling at date of death.
  • Standard nil rate band transfer is calculated separately from transferable rnrb.

For more on related planning where a single person faces inheritance tax, see our guide on navigating inheritance tax as a single.

How to calculate unused and transferable RNRB with worked examples

We show a clear, two-step approach that executors and families can follow when working out any transferable RNRB. The method mirrors HMRC’s process and helps you see how percentages become cash amounts at the second death.

transferable RNRB

HMRC’s step-by-step method

Step 1: work out the percentage of the RNRB that remained unused at the first death.

Step 2: apply that percentage to the maximum RNRB available at the date of the survivor’s death. That gives the transferable RNRB amount.

Worked examples

Pre‑April 2017 first death — where the first death happened before 6 April 2017 HMRC treat the earlier available RNRB as fully available. The unused percentage is therefore 100%, and the survivor can apply 100% of the later maximum allowance at their date of death.

Partial use example (George and Marjorie) — George died August 2017. His estate used £75,000 of the initial £100,000 allowance by leaving a share of the home to his son. That leaves 25% available. When Marjorie dies in May 2021 the 25% is applied to the £175,000 maximum, giving a transferable amount of £43,750.

Taper example (Jeff and Jenny) — Jeff’s estate was £2.1m in 2018/19. The RNRB for that year was £125,000 but tapered by £50,000 because the estate exceeded the £2m threshold. That left £75,000 available, so 60% of the full allowance remained. That 60% is the percentage that Jenny can apply at her later date of death.

ScenarioDate of first deathRNRB at first deathUnused %Max RNRB at second deathTransferable amount
Pre‑2017 full transferMar 2016£100,000 (deemed)100%£175,000 (2021)£175,000
George → MarjorieAug 2017£100,00025%£175,000 (2021)£43,750
Jeff → Jenny (taper)2018/19£125,00060%£175,000 (2023)£105,000

Why percentages matter: the same unused percentage can translate into very different cash amounts depending on the tax year ceiling at the survivor’s date of death. The home value and the estate worth also shape whether the property cap or the taper threshold limits the relief.

Quick checklist

  • Date of each death
  • Estate worth at each death
  • Home value after charges
  • Who inherited the home

Large estates and the £2 million taper threshold: protecting RNRB where possible

A key trap for bigger estates is the taper test, which reduces the available RN R B above a monetary limit.

How the taper works. Once an estate exceeds £2,000,000, the RN R B reduces by £1 for every £2 the estate is over that threshold.

This means a single maximum allowance can drop to zero at roughly £2.35m for the current £175,000 figure. The calculation is simple, but the effect can be large.

What counts as estate worth for the taper

For the taper test we measure the gross estate. Certain reliefs and exemptions are ignored when working out estate worth.

That matters: agricultural and business reliefs do not reduce the figure for taper calculations. Executors should check which reliefs are excluded before assuming the allowance remains fully available.

Lifetime gifts and planning pointers

Gifts made in life are not included in the taper test even if they affect IHT under other rules. That makes careful gifting a possible planning tool.

Couples should avoid simply shifting assets into the survivor’s name if that action risks pushing the second estate above the threshold.

  • Consider splitting ownership or spreading gifts over years.
  • Review life cover and beneficiary arrangements with an adviser.
  • Plan early — late moves rarely help and can backfire.
IssueEffect on RN R BPractical step
Estate under £2mFull RN R B availableRecord values and keep evidence
Estate £2m–£2.35mPartial reduction by taperModel scenarios with adviser
Estate over £2.35mRN R B may be eliminatedConsider long-term gifting and trusts

Downsizing rules and selling the home: keeping RNRB available after 8 July 2015

We explain how selling or giving up a main house can still preserve the rnrb for heirs. The rules stop families being penalised when a move is sensible — for care, lower costs or equity release.

When the downsizing addition can apply

The key date is 8 July 2015. If the home was sold or gifted on or after that date, the executor may claim a downsizing addition.

That only works where the person dies on or after 6 April 2017 and leaves a qualifying property or other assets to direct descendants.

Records that make a claim straightforward

Keep simple but clear evidence. Executors will usually need:

  • completion statements and sale contracts
  • valuations at sale and at date of death
  • proof of who lived at the property and when
  • records showing what assets were left for descendants

“Clear paperwork turns a slow, stressful claim into a routine step for executors.”

How the claim is made. The downsizing addition is claimed in the same way as a transferred rnrb. Executors supply the sale and death information and show the equivalent amount left to heirs. For detailed official steps see our downsizing guidance.

IssueWhat to keepWhy it matters
Sale after 8 July 2015Completion statementProves the disposal date
ValuationMarket value at sale and date of deathShows net amount used for claim
Gifts or replacementsDeeds and willsEvidence that direct descendants received assets

Wills, trusts and RNRB: when home gifts qualify and when they fail

Wills and trust clauses can decide whether a family home keeps a valuable allowance. We often find older wills put property into discretionary trusts that block the relief.

The trust trap is simple: a discretionary will trust usually prevents the rnrb applying, even when the intended beneficiaries are direct descendants.

Some trusts do qualify. Examples are immediate post‑death interest trusts, bereaved minor trusts and disabled person’s trusts. HMRC treats these as a qualifying residential interest for a closely inherited gift.

Using a two‑year appointment

A trustee appointment made within two years can be “read back” under IHTA 1984 s144. That can allow the home to be treated as closely inherited for inheritance tax purposes.

Review older wills

Check clauses about occupation rights, who can appoint trustees, and the wording that creates discretionary powers. Small drafting changes often save an estate a significant sum.

“Trusts protect assets, but wording decides if the rnrb survives.”

Practical step: seek advice before changing wills. Thoughtful drafting keeps protection and preserves the allowance for your descendants.

Claiming transferred RNRB: deadlines, forms and evidence personal representatives need

We explain the practical steps executors follow when claiming a transferable RNRB for a surviving spouse or civil partner. The claim sits within the estate’s Inheritance Tax return and needs clear supporting papers.

Time limits and key dates

Main deadline: make the claim within two years from the end of the month in which the second death occurred.

Note: some guidance allows an alternative three‑month limit from when personal representatives start acting. Start early to avoid stress.

What to include in the IHT return

  • Certified death certificates and the dates of each death.
  • Marriage or civil partnership evidence and any previous probate papers.
  • Wills, schedules of assets, and valuations showing the home was in the estate.
  • Proof the property was left to direct descendants and any earlier estate valuations for the first date of death.

More than one spouse or civil partner

Where someone had multiple spouses or civil partners over the years, HMRC caps the total transferable amount at 100% of the maximum available. Executors should not assume amounts stack beyond a full allowance.

“Good records now save weeks of chasing later — collect the basics and file them with the IHT return.”

For further detail on rules between spouses, see our guide on the nil-rate band transfer between spouses.

Conclusion

One clear theme ties the rules together: the house must form part of the estate and be left to direct descendants for the RNRB to help at the relevant death.

We recommend couples check wills and ownership now. A surviving spouse can claim a transferred percentage, but the claim only works if the second estate still meets the qualifying tests.

Watch three pressure points: the £2m taper threshold, the net home value cap after mortgages, and discretionary trust wording that can block relief.

Collect key papers and keep them in one folder for executors. With simple planning, many British families can protect their home and reduce inheritance tax uncertainty.

FAQ

How does the residence nil-rate band differ from the standard nil-rate band?

The residence nil-rate band (RNRB) is an extra allowance that can reduce inheritance tax when a qualifying home is left to direct descendants. The standard nil-rate band is a general allowance everyone gets against their estate. RNRB only applies when a closely inherited home is passed to children or lineal descendants and is subject to value limits and tapering for larger estates.

What are the key dates and tax-year amounts for RNRB since April 2017?

RNRB was introduced on 6 April 2017 and gradually increased in subsequent tax years. Each tax year has a set maximum allowance per person; this maximum has changed since 2017 and should be checked against current HMRC guidance for the exact figure that applies at the survivor’s date of death.

Why is RNRB capped by the net value of the home?

RNRB cannot exceed the value of the qualifying interest after debts secured on the property are deducted. Mortgages, equity-release balances and other secured debts reduce the net value and so reduce the available allowance.

Who can transfer unused RNRB between spouses and civil partners?

Spouses and civil partners can transfer the unused percentage of their RNRB when the survivor dies. The transfer makes the survivor’s estate eligible for an increased RNRB based on the proportion unused by the first to die, provided the other qualifying conditions are met.

What does “transferred surviving spouse or civil partner” mean in practice?

It means when one partner dies and does not use all of their RNRB, the surviving spouse or civil partner can claim an extra allowance on their own estate. HMRC calculates the transferable amount as a percentage of the RNRB unused at the first death and applies that percentage to the RNRB available when the survivor dies.

Can transfer be possible if the first death occurred before 6 April 2017?

In some cases, yes. If the first spouse or civil partner died before the RNRB started, the survivor may still claim a transfer, but the rules and calculation method differ. It depends on dates, the value left to descendants and detailed HMRC guidance for deaths before introduction.

Why can’t unmarried partners or divorced people transfer unused RNRB?

Transfer rules are limited to spouses and civil partners because the relief recognises legally recognised partnerships. Unmarried partners and those divorced or legally separated do not meet the statutory relationship test for transfer.

What counts as a qualifying residential interest for RNRB?

A qualifying interest is a property that was the deceased’s home and is left to direct descendants. Occupation at some stage is required, and HMRC looks for evidence the property was genuinely used as a home. Nomination rules apply if there are multiple properties.

How does the residence test work — what does HMRC look for?

HMRC looks for evidence the deceased occupied the property as their home at some point. Short-term occupation, holidays or temporary absence do not automatically prevent qualification. The key is whether the property was the deceased’s main home during their life.

How are multiple properties handled when claiming RNRB?

Personal representatives can nominate which of the deceased’s properties should be treated as the qualifying home for RNRB if more than one property could qualify. The nomination must be made in the estate paperwork and meet HMRC’s timing rules.

Do buy-to-let and investment properties qualify?

Generally no. Properties held purely as investment or buy-to-let will not qualify unless the deceased actually lived in them as their home at some stage and the property is left to direct descendants under the qualifying rules.

How do mortgages and other debts affect the available RNRB?

Secured debts against the property reduce its net value, which in turn limits the RNRB that can be claimed. The allowance cannot exceed the net value of the qualifying interest after such liabilities are taken off.

Who qualifies as direct or lineal descendants for the “closely inherited” requirement?

Direct descendants include children, grandchildren and further lineal descendants. Adopted children and step-children in certain circumstances also qualify. The property must pass to these descendants for the closely inherited test to be satisfied.

Who does not qualify as a descendant under RNRB rules?

Collateral relatives such as siblings, cousins, nieces and nephews do not count. Likewise, gifts to friends, charities or non-lineal relatives do not meet the closely inherited test.

How do wills, intestacy and deeds of variation affect qualification?

Leaving the home to descendants in a will or under intestacy usually fulfils the requirement. Deeds of variation made within nine months of death can redirect property to descendants and preserve RNRB, but timing and formalities matter — seek legal advice to ensure validity.

How does the transfer work on the second death — why does the percentage transfer, not the amount?

HMRC calculates the unused RNRB as a percentage of the RNRB available to the first deceased. That percentage is transferable. On the second death, that percentage is applied to the RNRB available at the survivor’s death. This approach keeps the uplift fair despite changing allowance levels over time.

How does the maximum RNRB at the survivor’s date of death affect the uplift?

The survivor’s available RNRB is the maximum for their date of death, increased by the percentage transferred from the first death. So if the statutory maximum has risen since the first death, the transferred percentage will multiply the higher figure.

How does transferred RNRB interact with leaving a home to descendants on the second death?

To use the transferred percentage, the survivor’s estate must meet the closely inherited test on their death. If the home is not left to descendants, the transfer does not produce an RNRB benefit.

How does HMRC’s step-by-step calculation for unused and transferable RNRB work?

HMRC first determines the RNRB available at the first death, then the proportion used. The unused percentage is calculated and recorded. On the second death, that percentage is applied to the RNRB available for the survivor. Full worked examples are available in HMRC guidance to illustrate each step.

How does it work when the first death was before April 2017 and 100% transfers?

If the first spouse died before RNRB started and left a home to direct descendants, it may be possible to treat 100% as unused and transferable. The survivor can claim a full additional percentage, subject to the survivor meeting all qualifying conditions at their death.

What if some RNRB was used on the first death — does only the balance transfer?

Yes. Only the unused percentage transfers. If part of the first person’s allowance reduced their estate’s tax liability, that used portion cannot be transferred. The remaining unused percentage is what the survivor inherits.

What happens if the first estate exceeded the £2 million taper threshold?

RNRB is tapered for estates over the threshold, reducing the allowance by £1 for every £2 over the limit and possibly to zero. If the first estate was tapered, the unused percentage transferred will reflect any reduction, and HMRC’s worked example shows the calculation.

How is taper withdrawal calculated and when can RNRB reduce to nil?

Tapering applies once an estate exceeds the statutory threshold (currently £2 million). The allowance reduces progressively and can reach zero for very large estates. The exact tapering calculation depends on the estate’s net value at the relevant date.

What does “estate worth” include for tapering purposes?

Estate worth includes most assets held at death and certain lifetime gifts within specified look-back periods. Some reliefs and exclusions may apply, so it’s important to account for all elements HMRC uses when calculating the threshold.

How do lifetime gifts affect tapering compared with assets kept until death?

Some lifetime gifts may be included in the estate for threshold calculations if they fall within the relevant period before death. The rules are complex and timing of gifts can materially affect whether taper applies.

What planning steps can couples take to avoid triggering tapering?

Couples can review asset ownership, consider trusts where appropriate, and plan lifetime gifts carefully. Professional tax and legal advice helps ensure actions don’t unintentionally reduce RNRB or trigger tapering.

How do the downsizing rules work for keeping RNRB after selling the home?

If someone downsizes or sells a home after 8 July 2015 and assets of lesser value are left to descendants, a downsizing addition can preserve RNRB. The addition compensates for the smaller property provided the appropriate assets are left to direct descendants.

What records should be kept to support a downsizing addition claim?

Keep sale documents, purchase papers for any replacement property, wills, and evidence showing what was left to descendants. These documents help personal representatives make a successful claim for the downsizing addition.

Why do discretionary will trusts usually fail to qualify for RNRB?

Discretionary trusts do not create a clear beneficial interest for a direct descendant at death, so the property is not treated as closely inherited. RNRB requires the home to pass directly or under qualifying trust types to descendants.

Which trusts can qualify for RNRB?

Certain trusts, such as immediate post-death interests and bereaved minor trusts, can qualify if they provide beneficiaries with rights that meet the close inheritance test. Each trust must be carefully drafted to preserve the entitlement.

What is the “two-year appointment to read back” strategy?

This is a drafting technique where assets are appointed within two years after death to reflect the deceased’s intention, which can sometimes allow RNRB relief to apply. It requires precise timing and legal formality, so professional advice is essential.

How should older wills and trusts be reviewed to avoid losing RNRB?

We recommend reviewing wills and trust documents to check whether they pass the home in a way that meets current RNRB rules. Where drafting unintentionally places property in discretionary trusts, changes may be needed to preserve the allowance.

What deadlines, forms and evidence do personal representatives need to claim transferred RNRB?

Personal representatives must complete the inheritance tax forms and provide supporting evidence, including the first death certificate and details of the first estate’s IHT calculation showing the unused percentage. Claims should be made within the time limits set by HMRC on the second death’s IHT return.

What time limits apply for making a transferable RNRB claim after the second death?

Claims must be made in accordance with HMRC deadlines for the IHT return after the survivor’s death. It is important to include the transfer claim and supporting documents with the estate paperwork to avoid delays.

How do you handle cases with more than one spouse or civil partner — is there a 100% transfer cap?

Only one transfer is possible from the last deceased spouse or civil partner; the statutory maximum means you cannot exceed 100% of the first person’s unused percentage. Complex relationship histories may need specialist advice to establish the correct entitlement.

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