I take the view that as the Will of the first one to die creates a trust, the Trustees of that trust should ensure they have the legal title to the trust assets vested in them.
The Trustee of the trust is usually the surviving spouse and I explain to the spouse that they need to appoint a co-Trustee to act with them in preserving the trust funds and I transfer the house into the names of the surviving spouse and the new Co-Trustee(s). The TR1 sets out the respective ownership ie 50% owned outright by surviving spouse and 50% on the terms of the Will Trust of the first spouse to die.
If the new Co-Trustees are for example, the children who also ultimately inherit the share when the trust ends the surviving Trustees are in place to deal with the property on the death of the second spouse.
I have never had an issue dealing with the trust asset in this way.
Catherine Walker
Bryan & Armstrong