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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 17166
Experience:  30 years as a practising solicitor.
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My sister and I are trustees in a discretionary trust for my

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My sister and I are trustees in a discretionary trust for my mum who has dementia and is in a care home
JA: Where are you? It matters because laws vary by location.
Customer: scotland
JA: What steps have you taken so far?
Customer: The trust was set up in 2014. My mum has council funding as well as a personal contribution each month towards her fees. She is not ever going to be able to come home but her position within the care home is financially secure her property is currently let to a lodger who is likely to be leaving soon. Can we sell the property rather than take out a new let?
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: no I don’t think so
Thanks for your question. I am a solicitor in Scotland with 35 years of experience in private practice and I hope that I can help you with your question today. Let me have a quick look at your question and I will either give you an initial answer or ask you for further information. I aim to respond as quickly as I can but sometimes I may want to take a little time to consider your question so as to give you the best possible answer. 

If the house is in the trust then the trustees have the discretion to sell the house for the trust purposes so there should be no difficulty with this.

I hope this helped you today. Please do let me know if I can clarify anything. I am always happy to help. You are always welcome to ask a follow up question if it will help you further.

Customer: replied 3 days ago.
For trust purposes?
We are named beneficiaries and the intention would be to withdraw the funds given my mum will never leave the home, and is not likely to ever be in need of the finances from the sale
Would this be allowed?

Yes, but if your mother is also a beneficiary the extent of her interest may have to be revealed to the local authority if that would affect her capital for the purpose of assessing her personal contribution.

JGM and other Scots Law Specialists are ready to help you