Question about 'Entire residue of estate'

Ialwaysgetdone

I'm referring to Scottish law in this case. My wife died a year after we took out our first mortgage which was in both our names and I have been paying it for five years on my own since then. I am most likely going to have to sell up and move to a cheaper or rented property due to the rising costs. In her will, I was named as the Executor and her son (from a previous relationship) was to receive the entire residue of her estate which amounted to less than £1000 after all debts were paid. He received the money. My question is does the entire residue of her estate include any part of the house at all or did it automatically become mine in full after she died?

buddy9

If you and your wife were co-owners of the house, then it depends on the ownership arrangement. If there is a survivorship destination in the title then you are likely the sole owner. If there is not, your wife’s share will likely devolve in line with her will.

You can establish the status by checking title deeds. Survivorship clause would say something like “to A an B equally between them and the survivor”

Ialwaysgetdone

buddy9 said:

If you and your wife were co-owners of the house, then it depends on the ownership arrangement. If there is a survivorship destination in the title then you are likely the sole owner. If there is not, your wife’s share will likely devolve in line with her will.

You can establish the status by checking title deeds. Survivorship clause would say something like “to A an B equally between them and the survivor”

I've no idea what it says in the title deeds to be honest, I will have to find out.