966. Transfer of nil rate band.

Where:

  1.  

    (1)     immediately before the death of a person (a 'deceased person') that person had a spouse or civil partner ('the survivor')1; and

  2.  

    (2)     the deceased person had unused nil rate band on death2,

the nil rate band maximum3 at the time of the survivor's death is treated as increased by a specified percentage4.

However, if the amount of the increase in the nil rate band maximum at the time of the survivor's death would exceed the amount of that nil rate band maximum, the amount of the increase is limited to that maximum5.

Where the conditions referred to heads (1) and