Hello jaygee72,

I'm really sorry to hear of the loss of your mother.

One of our Trust Deed experts will provide an answer for you soon but in the interim could you let us know how much equity you think that there is in the house?

Also could you confirm that the house was jointly owned?

Hi

Thanks for your quick response. There is ?ú40000 of equity in the house and the house is in my mum's name only. Another thing was that my mum took the trust deed out on 2004 but it seems she ignored alot of the letters from the trustee but before she passed away was trying to go down the buy to rent scheme.
I am just learning myself how trust deeds work as it my mum who originally dealt with it and we are just trying to piece together the information.
I have spoken to the trustee and they seemed unable to give me many answers as it was an unusual situation.

Thanks jaygee72,

I think we're going to want to hear from either Kevin or Mark on this question though I suspect that the equity in the house is going to have to be dealt with one way or the other.

There's an insolvency conference in Scotland today so I'm afraid it may be this evening or tomorrow when they're able to add their thoughts.

Hi jaygee72

sorry for the delay as I was at a conference. There are a couple of points here.

I assume that the position with the property was discussed at the outset and therefore the equity would be under the control of the Trustee. However property which contains a special destination clause in the titles can effectively transfer the property to your father unless the Trustee has registered title to the property which is unlikely.

This is a fairly complex area and you should have your slicitor check for the special destination (or survivorship) clause.

Mark

Thanks for all for all your advice, I think we will have to certainly speak to a solicitor.

I think that is sensible jaygee72. Do you know whether your mother had life insurance?

Hi Kevin, she just had a small insurance polioy basically it is just enough to cover funeral expenses.