Hi sallymilne.

This sounds like a tough situation, and your sister's health has to be the main priority.

Clear open communication with her trustee is vital, and it might help her case greatly if she has medical evidence regarding needing to cut back on hours worked.

I think this all needs to be put before her trustee, then judge any next steps based upon the response she receives.

Hi Sallymilne,

It's sounds like your sister is finding things extremely difficult right now and as a TDA has advised her health should be her main priority.

When it comes to situations like this communication with the Trustee is absolutely key and vital. Your sister should speak with her Trustee to inform them of her health issues and because of that her income has reduced. The Trustee should consider a payment break which short term might help your sister to re-balance things. If unfortunately it looks like long term she will not be in a position to continue with a suitable payment to the Trust Deed then the Trust Deed could fail. This is something which will need to be discussed with the Trustee.

Do you know if your sisters property has any available equity? Also, is her income enough to cover her mortgage payments and essential living costs? My concern is that if she can't financially support her mortgage and essential living costs this could result in the repossession of her house. In scenarios like this whereby someone may face losing their home they could consider the Mortgage To Rent Scheme. This is a Scottish Government scheme for people who face the possibility of having their house repossessed. Under this scheme her house could be bought by a housing association or local authority and she could become a tenant paying monthly rent.

Is it likely that your sister's illness will continue for a lengthy period? Temporary issues can usually be gotten around without too much of a problem, but if it is a longer-term scenario then it is a more complicated picture and will need to be discussed fully with the Trustee to see what options there might be.

For example, maybe your sister has a pension that funds could be drawn down from? Not something that I am advocating, you understand, as she would really be best to take independent advice from a pensions expert before going down that route. It may not be possible/suitable for her, but I merely throw it in there as a potential avenue to explore given her age.