Will Discretionary Trust Question

[CaptainSlow]

As PH is a great source for info I have some basic question(s).

If a discretionary trust is created upon death does it qualify for Residence Nil Rate Band? A solicitor is advising my mother has one in her will but on my further investigation it appears that as the beneficiary is a Trust rather than a child the RNRB does not apply?

Edited by CaptainSlow on Tuesday 4th June 10:59

[Mr-B]

Discretionary trusts don't qualify for RNRB even if all the beneficiaries are children.

[STattam]

An appointment out of the discretionary trust of the qualifying residential interest either to or upon an interest in possession trust to a lineal descendant within two years of the testators death would still ensure qualification for the RNRB. I believe that using a discretionary trust and maybe using the above action is a sensible approach fir most people in terms of will planning.