DJP Form For Scotland

omendata

We recently lost our mother and my brother was in joint names with her for the house in which they both lived - he is disabled so I have had to quit my job and am now his carer so we are having to save every penny!

We need to save money so i have done all the funeral, legal and C1 confirmation stuff myself and has been quite a lot of hassle although actually very little work itself (it actually brings home to me how much solicitors charge for such simple tasks) mainly because things are such legalese - just a simple spelling mistake or wrong court can delay things.

I am now at the final stage and need to fill in a DJP - Death of joint proprietor form to remove my mum from the land register and my brother to have it in his name only - Solicitor wants £240 just to fill in a form and send it with the death certificate so i assume its even simpler than getting the C1 confirmation done which would have cost over £800 if i had not done it myself.

The question is the house is in Scotland but the HM website is for England and Wales - does anyone have any idea how i can accomplish this task in Scotland?

https://www.gov.uk/government/publications/deceased-joint-proprietor-djp

davidmcn

Ignore the link and the name of the form, that's for the (English & Welsh) Land Registry only.

Was their ownership registered with a survivorship destination? If so then you don't need to register anything now, just produce the death certificate the next time something happens with the house.

If not - was there a Will leaving mum's share to your brother? If so then the executor should sign a deed transferring title to him. That doesn't need to be registered at the Land Register immediately either, just kept safe. The deed is fairly simple, though not sure where you'll easily pick up suitable wording.

If house was actually left to someone else then it gets more tricksy and the other party(s) will also need to sign.

omendata

House was in their joint names - mum was his carer so now i am also the new carer so had to give up my job so finances are tight.

So mum just needs taken off the register.

lol more legalese "survivorship destination"???

I presume that means a special clause so no special clauses she left the whole house to him in the will i do not get a part of the house but its not a problem we spoke to mum about it when she was dying as she always wanted to get things sorted before things happen - she was a brave lady and smart as a button so everything was in order with the solicitors!

The house and grounds are worth £500,000, no mortgage, no debts but I am quite happy that my brother gets the whole shebang as he deserves it after what he has been through and he is blind so needs to be somewhere he knows well, so there are no issues with me wanting anything at all or upsetting the applecart as so many families seem to do these days! The house originally cost £7000 i think so quite a bit of interest since it was bought in 1969. I am dying of cancer myself, i havent told him but i just want to be sure everything is in place for him so he has nothing to worry about when i pop my clogs this year!

I am the executor so where would i get this deed - the lawyer seems to insist we need to pay £240 to get a piece of paper i would presume?

Thanks for the reply - very gracious of you sir!

MovingForwards

https://www.ros.gov.uk/our-registers/land-register-of-scotland

Is the Scottish 'land registry's, get a copy of the title deeds from them so you can see how the property is registered.

This is to check it does have both your brother and late mother's names on it.

I can't offer anymore guidance as I haven't done any Scottish conveyancing but there are several members who should be able to help out.

My condolences for the loss of your mom and understand why you are trying to get everything in order for your brother.

I assume your brother is claiming benefits? Please check he is claiming everything he is entitled to. Also do the same with yourself.

davidmcn

omendata wrote: »

So mum just needs taken off the register.

Well, no, you're not just "taking her name off the register", you're transferring her share of the house to the person who's inherited it.

lol more legalese "survivorship destination"???

You're doing legal stuff, don't be surprised at encountering legalese.

Assuming it's already registered in the Land Register, does the proprietorship section say it's owned by "A and B, equally and to the survivor"? If so, that's a survivorship destination.

I am the executor so where would i get this deed

The required wording is in Schedule 1 to the Succession (Scotland) Act 1964 - fill in the gaps and delete the inappropriate bits - you add that to either a certificate of confirmation (i.e. an official extract with just the inventory item which is the house) or the confirmation itself, at the bottom (or the other side of the page), and then sign and witness it.

Section 15(2) of the Act is the bit you're doing.

omendata

Cheers to all i shall endeavour to proceed!