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Life Rent implications (Scotland)

A number of years back, myself and my sibling entered into a Life Rent agreement with our sole parent.  On the title deeds, all three of us are listed as proprietors of the property our parent currently lives in.  For context, pre agreement, the property was owned outright by our parent.  They have now expressed a desire to move.  This has raised a couple of preliminary questions in our minds.  We intend to speak with our solicitor however I thought I'd ask on here as well.  When you 'do a Google' on life rent stuff, it's not always straightforward to find definitive answers.

First Question
When it comes to the end to end process of selling the existing property and buying a new one, am I right to assume all three names (parent, mine, sibling) need to appear on all documents pertaining to this?  We are not averse to this, I'm just asking the question as a point of process.

Second Question
Will the Life Rent transfer intact from the old to new property inclusive of the time it has already been active?  Or would we essentially need to start from scratch with the Life Rent?

Thank you in advance.


Comments

  • user1977
    user1977 Posts: 17,292 Forumite
    10,000 Posts Seventh Anniversary Photogenic Name Dropper
    1. Yes, if the property is sold then all parties would need to be a party to the sale.

    2. Not sure what you mean by "inclusive of the time it has already been active"? The liferent doesn't do anything until the death of the liferenter, it doesn't make a difference when that is. If you want the next property to under a liferent too then you'd need to register it again in the same way. Though you may wish to take the opportunity to consider whether whatever the reasons for the liferent in the first place still apply and whether it's the best solution.
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