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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12183
Experience:  30 years as a practising solicitor.
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We are Trustees for a discretionary trust for my brother.

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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?
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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