Hi sparky1.

If the property is transferred to your friend the trustee is going to have an interest in it.

Given the status of the property that could lead to a very long trust deed as far as I can tell from threads that have covered the same issue here in the past.

I think it's best to see what Mark, Kevin, David or Rob have to say about this.

Can the ip force her to sign the house over into her name

Hi sparky

No, they couldn't. As TDA says, if the paperwork was signed the the trustee would gain an interest in the property.

Mark

Hi sparky

We had a case recently, not too dissimilar, where the person was beneficiary in a Will in the event of his father's death (obviously!) and the father amended the Will to exclude the son. This was a voluntary free act by the father and not something a Trustee could dispute oor overturn.

Mark

Thanks TDA for your reply.

Mark, as the will stands without any changes she gets nothing until the life renter dies then the title deeds get signed over to her then. So I hate talking like this but I guess you never know what happens - say my friend gets discharged next year by her IP as well as themselves being discharged could she make arrangements then to have the deeds signed into her name once completely discharged?

Hi sparky1

Yes, once discharged then she is free to deal with this with no issues. In fact, she would be fine to deal with it when she is discharged, irrespective of the Trustee.

Mark

Thanks I will pass on your wisdom of knowledge to her, we both should have taken out our trust deeds with your company. Sorry to the other IP's if that's favouritism. Btw as for my own trust deed - still not discharged yet :o(((

Hi Sparky1

Not a problem. Always glad to assist.

Mark

Mark another question, I wish she would join. Under scots law a child could make a claim on their parents money. Now her father left his money to his partner (the will has been set up to avoid her causing any problems) but she is entitled to make a claim if she wished under law can she do this after discharge or can her IP make her do this?

Hi sparky1

From memory the rights of challenge relate to moveable property not heritable ( house) but to answer your question, she could challenge this, but the trustee could not force this.

Mark

Could the title deeds of the property be transferred to another family member time being, to look after as the solicitor is being very pushy just now?

Hi sparky

There are a number of areas which would need to be checked to fully clarify things as we are moving away from insolvency matters, however If the property was left to her parents partner then they have the right to transfer the property to whoever they like.

Mark