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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11129
Experience:  30 years as a practising solicitor.
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My mothers house owned pro divisio by her and a trust - she

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My mother's house owned pro divisio by her and a trust - she has the liferent. She has had to go into a care home and the house will be sold. After the sale presumably 50% of the proceeds will go to the trust. will the liferent apply to any interest on this money, and if so will it be paid to my mother (well, PoA in fact)
Thank you for your question.

Does your mother own half the house and have a liferent over the whole house?

That being the case you mother gets half the proceeds, the trust gets the other.

The interest on the proceeds will be paid to your mother's attorney if the deed creating the liferent provides for this. Otherwise the liferent will be treated as having been renounced and the interest will remain in the trust.
Customer: replied 4 years ago.

The relevant sentence in the trust document is


"...In the event of Mrs XXXX surviving the testator by one calendar month the executors are directed to allow Mrs XXXXX during all the days of her life the liferent of the testator's one half pro indivisio share of the dwelling house known as XXXXX"
The liferent has been renounced. The property and the share of proceeds on the sale reverts to the fiar, ie, the trust.
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