Just a wee thought from an earlier post from Callum which may or may not be useful/interesting.

Was partially involved in a case a number of years back where the husband signed a Trust Deed, but the wife did not. Both 50% owners of their property with around £20k equity. Normal route for a Trustee to safeguard equity is to do Form 13 Notice of Inhibition, which as a nexus diligence ( sorry just showing off now) it doesnt really do anything but stops any potential sale or remortage

Fairly standard till now. However the husband died suddenly and in normal circumstances, same rules apply re the 50% belonging to the Trustee. However the deeds to the prioperty contained a Specific destination clause (or survivorship clause)as most deeds do. This had the effect of being a legal transfer of his one half share to his wife. In effect it takes away the Trustees legal right to the one half share. The only way around this would have been for the Trustee, before the death to register title to the property to protect his interest in the 50% which the vast majority of Trustee do not do.

I seem to recall that there was a decision where in these circumstances, the debts of the person in the Trust Deed would attach themselves to the full value of the half share, but not sure if this is the current legal position.

Perhaps any legal bods could update or if Kevin or Shona have came across this, it would be good to find out the up to date legal position. Saves me googling for a couple of hours.

Mark