Transfer of Title Deeds Scotland

TravelTiger

Hi. I am the Executor of my father’s Will, he was the owner of a registered property in Scotland which he has willed to my Mother. His name is the only one mentioned in the Title Deeds. I am an only son and I am named in my mother’s Will as the sole beneficiary of her estate. I had originally planned to transfer the Title Deeds to my mother however I am now considering leaving the Deeds in my father’s name until I eventually inherit the property. This would avoid the expenses of transferring the property twice. Are there any issues I am likely to have if I proceed in this way? Would it cause a delay when I came to sell the property?
I have a Grant of Confirmation from the local Sheriff’s Office so I am in a position to request a change to the registration, it is only the fees that are putting me off.

I had previously posted this in an other area of the MSE forum. On investigation this would appear to be a better place.

Yorkshireman99

andrewrwebsteruk wrote: »

Hi. I am the Executor of my father’s Will, he was the owner of a registered property in Scotland which he has willed to my Mother. His name is the only one mentioned in the Title Deeds. I am an only son and I am named in my mother’s Will as the sole beneficiary of her estate. I had originally planned to transfer the Title Deeds to my mother however I am now considering leaving the Deeds in my father’s name until I eventually inherit the property. This would avoid the expenses of transferring the property twice. Are there any issues I am likely to have if I proceed in this way? Would it cause a delay when I came to sell the property?
I have a Grant of Confirmation from the local Sheriff’s Office so I am in a position to request a change to the registration, it is only the fees that are putting me off.

I had previously posted this in an other area of the MSE forum. On investigation this would appear to be a better place.

If the property is registered the fees to transfer are not high if you DIY it but do you have to use a solicitor in Scotland?

TravelTiger

Thanks for your reply.
It appears that the process can be accomplished without a solicitor in England Wales with relative ease. The Land Registry offers lots of helpful advice on what they require. Unfortunately Registry Scotland are less helpful. There response to my query of how to go about the process was:
"I would advise that you speak to a solicitor. The transfer has to be done as a sale on a deed called a disposition from the executors of your Father to your mother. Unless you have conveyancing experience it is not something we would advise you do yourself."
So it looks like if I take that path there may be the considerable costs of a solicitor for a process that in England and Wales is a form filling exercise.
My main question is what is the down side of not amending the registration of the property? We don’t intend to sell the property in the near future, there is no mortgage, I am the executor of the Will and the great likelihood is that I will be the person that will eventually sell the property.

Yorkshireman99

Thanks for that. I suspect you are going to have to ask a solicitor if there are any downsides. It would be interesting to know the outcome if you could tell us on here. Good luck.

TravelTiger

Hi, I posed a new question to Registers Scotland:

"I am the Executor of my father’s will and I am looking to transfer the Title Deeds and Registration of the family home to my Mother. Can you tell me is there a time limit on the transfer of registration after a death. I am the only heir to my mothers estate and I am considering leaving the property in my fathers name until I eventually inherit it. Would this be an issue from your point of view?"

The reply from the same person as replied previously was:

"There is no need to do this at the moment. You can leave it in your late father’s name."

Yorkshireman99

andrewrwebsteruk wrote: »

Hi, I posed a new question to Registers Scotland:

"I am the Executor of my father’s will and I am looking to transfer the Title Deeds and Registration of the family home to my Mother. Can you tell me is there a time limit on the transfer of registration after a death. I am the only heir to my mothers estate and I am considering leaving the property in my fathers name until I eventually inherit it. Would this be an issue from your point of view?"

The reply from the same person as replied previously was:

"There is no need to do this at the moment. You can leave it in your late father’s name."

A result! Good.