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URGENT Scottish Solicitors - How to offer on a flat & put in trust for kids?

9 replies

siliconcover · 08/12/2024 14:52

I want to make an offer for a flat in Scotland.
I want to put it into trust for my kids (20 & 17)

Does anyone know:
Can I make the offer in my name (closing date of Tuesday!!)
then buy it in their name (or rather in trust for them)

If I make an offer on Tues & it is accepted, as there is a home report already, is that final ?

Can I make an offer backed by a loan from a (reputable local) finance company, rather than a mortgage? (flat is a fixer upper & not mortgageable & don't have the cash in my bank account. If I can get the loan I can repay it okay enough)

I will call a solicitor in the morning but if anyone can give any advice before then I'd be really grateful. Thank you.

OP posts:
ThatUniqueFox · 08/12/2024 15:31

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WhyIhatebaylissandharding · 08/12/2024 16:31

You do need legal advice on this. One thing to check on is the additional stamp duty which is likely to be payable if you are buying via a trust. Also you are quite possibly impacting the ability of your DC to buy their own property in the future without playing the additional dwelling supplement with is currently 6%.

If you offer and your offer is accepted it would be unusual to be able to negotiate a change in price.

siliconcover · 08/12/2024 17:38

@ThatUniqueFox As stated, I will. I was trying to see if I could learn anything re possible issues first so I at least knew what to ask as time is rather short.

@WhyIhatebaylissandharding Thank you. This is very helpful. The 'putting it in trust' idea is because both of my young people are disabled. At this stage I do not know if they will ever be in a position to buy their own home (unlikely as they won't be able to work full time, certainly). I'd like to know they were set up with somewhere safe before I am gone (I'm late 50's, our current house would not be suitable so I'm trying to find somewhere, repair, move in & get them used to it whilst I can) I hope that they will be able to share the property after I am gone.
The 'trust' idea was so that they are not financially vulnerable later on.

I wouldn't want to try to change the price - it is 85K & worth the money.
It's just I'm scared of offering Tues & solicitor coming back to me after with problems I'd not realised and then I am legally committed. (I do live in Scotland now but I bought my house 18 years ago & I can't remember how it works!)

OP posts:
RonSel · 08/12/2024 17:59

Aside from the legal position there's a lot to consider here, I'm sure you've thought about this.

Are they both going to want to live together in 20 years time? If not then the one who wants to move out may not be entitled to any other housing options as they have a property they own but choose not to live in.

siliconcover · 08/12/2024 18:05

@RonSel yes, that is a good point. I have thought about it but obviously I am a bit too 'close' to the situation to be truely objective so thank you for that input.

Probably the easiest way is to buy it in my name & investigate 'putting it in trust' later. Certainly I can see them living together on & off over the next 5/10 years.
I also want to protect any flat from casual partners who might try to benefit.

I guess I am still left with my Qu about, if my offer is accepted, on Tues am I committed at that point. I can't remember how exchange of missives works now. Obviously I can google that but am using this thread as a sounding board too.

OP posts:
Whitefluffycloud · 08/12/2024 19:35

No, you are not committed until you sign the missives.

77Fee · 08/12/2024 22:13

Additional dwelling supplement ADS is now 8% after the Scottish Budget last week.

carolledout · 09/12/2024 07:29

But given the additional factors, you may want a particular kind of trust - do you have other adults you can appoint? Def get legal advice asap as there is putting a property in trust, and there's also a trust you can set up with friends/relatives you expect to outlive you to have some say over how the money is spent.

Sturmundcalm · 09/12/2024 09:54

hopefully you're already speaking to a solicitor but as someone said above you aren't full committed until you sign missives. which tends to take about 8 weeks but that's mainly due to recent mortgage timelines. we once moved into a property 4 weeks to the day after buying and missives were concluded inside 2 weeks. A seller may be wary of accepting an offer subject to finance though if the property isn't mortgageable.

and the issues around the additional supplement on LBTT definitely need exploring. have you already investigate the basics of how much it will cost to have a trust exist on an ongoing basis? i know of someone who looked at that years ago and started down that route and then pulled out due to the ongoing charges - they had realised there would be fees to set up but hadn't anticipated the ongoing fees. don't really know the detail around it though.

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