English trust can it include a Scottish house

Robbierose

We are currently in the process of drawing up a new will (to reflect tenants in common and a family protective property trust) for our houses. In addition to our residential home (in England) we’d like to include and cover our Scottish property. I understand there are obviously different laws and systems but can our English trust/will also include the Scottish property rather than having to duplicate the trust/will process either side of the border?

Keep_pedalling

Is this a trust that comes into effect on the first death or one you are putting in place now?

user1977

Usual best advice is to make a Will in the jurisdiction for the relevant property, given it will be Scottish rules which will apply to it. But I don't see any problem with it ending up in the same trust as other estate assets.

buddy9

This article is worth a read.
https://www.ellisonssolicitors.com/news/asset-or-family-protection-trusts-too-good-to-be-true/

km1500

I think you should be very careful as a trust may not provide the 'protection' you think it will - if it did, we'd all be doing it !

Robbierose

Keep_pedalling said:

Is this a trust that comes into effect on the first death or one you are putting in place now?

It’s a trust that takes effect on the first death.

Keep_pedalling

Robbierose said:

Keep_pedalling said:

Is this a trust that comes into effect on the first death or one you are putting in place now?

It’s a trust that takes effect on the first death.

Sounds more like an immediate post death interest trust. The fact that one asset is in Scotland should not be a problem, but I would be wary about putting anything other than the marital home in one as it complicates things somewhat for the surviving spouse.