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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11139
Experience:  30 years as a practising solicitor.
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I own %per cent of my former home outright and 31%per

Customer Question

Hi I own 69%per cent of my former home outright and 31%per cent is life rented to me by my deceased husband via his Will. (scotland ) alimentary life rent . I want to sell house and regain my capital . The "Trustees "are ignoring my solicitor.. The 31%per cent sale proceeds are to be invested and the income paid to me . Will says I can "concur " with the trustees on purchase of new property . I dont want to buy another house with these funds or my 69% proceeds . Can i force the sale and retain life rent provision or do I have to renounce it ? I don't live in the house and it is empty . Thank you
Submitted: 1 year ago.
Category: Scots Law
Expert:  JGM replied 1 year ago.
You don't have to renounce the liferent. You can insist on a sale of the property and division of the proceeds between you and the liferent trust. The income from the trust thereafter would be paid to you for your lifetime unless there is any provision in the will to the contrary. In that case the worst case scenario is that you would be deemed to have renounced the liferent. What the trustees can't do, however, is block the sale.
Expert:  JGM replied 1 year ago.
I hope that helps. Please leave a positive rating so that I am credited for my time.