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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11137
Experience:  30 years as a practising solicitor.
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We are Trustees for a discretionary trust for my brother.

Resolved Question:

We are Trustees for a discretionary trust for my brother. We live in Edinburgh and my brother now wants to buy a property in England. Can the trust buy the property for my brother and if so who would own the property?
Submitted: 3 years ago.
Category: Scots Law
Expert:  JGM replied 3 years ago.
Thank you for your question.

Yes, the trust can buy the property.

Whether the title is put in the name of the trust or the individual depends on the terms of the trust and what the trustees decide to do. If the trust says it can provide accommodation for the person then it's likely that the trust would take title. If it says that it can use the funds to buy the person a house then the title would go in the name of the individual. If the trust is not specific then the trustees can use their discretion.

I hope this helps. Please leave a positive response so that I am credited for my time.
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