Updating Title Deeds following death of joint proprietor (Scotland)

DelRioDan

Hi,

Property is located in Scotland and mortgage free with husband and wife both named on the Title Deeds. Both parties signed an 'Evacuation of Special Destination' document a few years ago therefore converting the property ownership from Joint Tenants to Tenants in Common. 

Following the death of one of the 2 people (who died without a valid Will), the survivor has obtained Confirmation from the Sheriff court for the deceased's half of the house, and has since sent the death certificate to the Registers of Scotland requesting that the Title Deeds be updated to just their name. 

The RoS are now advising that 'a suitable Land Register application will therefore be required to enable the B Section of title number LANxxxxx to be updated to your sole name'.

Does anyone have experience of making a similar application to the RoS and can advise on what type of deed and application form to use and any supporting documentation to include?

There is a lot of information on the RoS site and although helpful, it would be great to hear from anyone who has been through this process themselves before the application is made or a solicitor engaged if required.

user1977

The executor needs to draft and sign a deed transferring title from the estate to themselves as the beneficiary, and then that goes with a Land Register application. Though it doesn't actually need to be registered now, it can wait until whenever the property is sold or whatever and then used as a link in title.

bedsit101

Can I ask if confirmation is still required to update land registry if there is a valid will leaving the deceased share of the property to his spouse (who is joint owner)? Unfortunately, there was not a survivorship clause included in the title deeds as we both had wills leaving our share to each other (this decision was based on recommendation from the Law Society)  Confirmation was not asked for by the bank when changing account into sole name, which was the only other asset. Thanks in advance 

user1977

bedsit101 said:

Can I ask if confirmation is still required to update land registry if there is a valid will leaving the deceased share of the property to his spouse (who is joint owner)? 

Yes, Confirmation is always needed if there wasn't a survivorship destination.

As above though, no need to update the Land Register now.

sheramber

The register was not updated when my husband died- joint ownership.

When I sold the house the solicitor asked for sight of the death certificate and  the
statement he sent to the Registry stated that my husband died on XXX and he had seen the death certificate. 

Nothing else was required. 

user1977

sheramber said:

The register was not updated when my husband died- joint ownership.

When I sold the house the solicitor asked for sight of the death certificate and  the
statement he sent to the Registry stated that my husband died on XXX and he had seen the death certificate. 

Nothing else was required. 

You must have had a survivorship destination then.