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(@tdeed1)
Active Member
Joined: 13 years ago
Posts: 9
Topic starter  

I've posted on here about a liferent situation. My Father died and left his partner his home to her in liferent. The ownership of the home has been left in a trust to someone else - so I dont actually own or have been given the title deeds of the house. However when the liferent is over - I get the house which can be many years away.

Do I need to tell my trustee this? as I dont actually own anything.


   
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Shona Maxwell
(@shona-maxwell)
Honorable Member
Joined: 14 years ago
Posts: 634
 

Can I ask who the house was left in trust to, and how it is worded?

Shona is not currently posting in the Trust-Deed.co.uk forum.


   
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(@tdeed1)
Active Member
Joined: 13 years ago
Posts: 9
Topic starter  

The will says "I direct my executors to hold interest in the house" The executors are not my family. They are also the trustees. The solicitor says the executors will have to sign documents that they will be looking after the house until such a time the house liferent ends and the executors (trustees) are instructed to make over the interest in the house to me.

Shona I had no contact with my Father for several years, In prepearation of the will do you think his solicitor may have looked into or may have known I'm in a trust deed, it seems a funny set up.


   
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Shona Maxwell
(@shona-maxwell)
Honorable Member
Joined: 14 years ago
Posts: 634
 

Hi, I think you will be ok, as the house will not transfer until the life rent ends. If the person with the life rent dies before you are discharged, then your trustee will need to know that you have aquired an asset. I would imagine your father has arranged things this way, simply to protect his partner. If you have had no contact, he was probably just worried in case you forced the sale of the house, making his partner homeless. I would not have thought he did it knowing about your trust deed....it just so happened it has also worked in your favour.

Shona is not currently posting in the Trust-Deed.co.uk forum.


   
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Kevin Mapstone
(@kevin-mapstone)
Member Admin
Joined: 17 years ago
Posts: 4253
 

This kind of arrangement is fairly common where there somebody wishes to leave their house to their children but also wants to make sure that their surviving partner/spouse is able to continue to live in the house as long as they need to. I doubt it has anything at all to do with the fact you are in a trust deed.

Having said that, if it hadn't been set up like this then it could have been a major issue, as your trustee would potentially have to realise the asset (ie sell it) for the benefit of your creditors.
From the sounds of it you do not become the owner until your father's partner dies - unless this happens during the period of your trust deed then you should have nothing to worry about.

Scottish Debt Solutions Expert - Ask me for help setting up a Scottish Trust Deed or Debt Arrangement Scheme plan.


   
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(@tdeed1)
Active Member
Joined: 13 years ago
Posts: 9
Topic starter  

Thanks Mark & Shona, I'm just worried about not telling my trustee - but as I've alread said above I downt own anything and my fathers residue estate was left to his partner. So I've not gained anythying short term but years down the line may get the house.

So the dreaded question - should is it woth telling my trustee all the above?


   
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(@tdeed1)
Active Member
Joined: 13 years ago
Posts: 9
Topic starter  

Sorry about the spelling :O)


   
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Kevin Mapstone
(@kevin-mapstone)
Member Admin
Joined: 17 years ago
Posts: 4253
 

I think you should always tell your trustee about things like this - it will hopefully set your mind at ease at least.

Scottish Debt Solutions Expert - Ask me for help setting up a Scottish Trust Deed or Debt Arrangement Scheme plan.


   
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(@tdeed1)
Active Member
Joined: 13 years ago
Posts: 9
Topic starter  

Just tought I'd mention - Going back to my fathers executors who are the trustees - the two of them are actually members of my dads partners family - they are not related to me in anyway and I have only met them once or twice in my life - does that change anything?

Will me trustee contact them or my fathers solicitor to confirm all the above, I really dont want them to know about my trust deed as it is nothing to do with them.

Thanks.


   
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