In October last year the rules for the use of the Nil Rate Band were changed following a great deal of political noise. In July, HMRC at last issued draft guidance notes as to how this would be dealt with in practice.

The notes set out the stall which is pretty much as we discussed in the November update. However, clearer guidance has been given as to how to make a claim. On the death of the second to die the following information and documentation must be provided to the probate office, along with the usual probate forms.

§         Death certificate
§         Marriage certificate
§         A copy of the grant of representation
§         A copy of the spouses' wills and trusts
§         Any deed of variation

HMRC has instructed its staff to take a "pragmatic" approach where documents may not be available. It is good to see HMRC understanding that in the real world people do not keep all documents for 25 years!, which is how far back some applications may need to go.