Deed and Application for Registers of Scotland

DelRioDan

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 Registers of Scotland 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 knowledge/experience of doing this and which type of Deed to draft (template for this?) as well as which supporting application form to use?

Marcon

DelRioDan said:

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 Registers of Scotland 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 knowledge/experience of doing this and which type of Deed to draft (template for this?) as well as which supporting application form to use?

Not sure this is a DIY job, even though it sounds simple (and would be in England or Wales). See https://www.ros.gov.uk/services/update-the-land-register

buddy9

Probably best to seek professional assistance.

user1977

It's a fairly straightforward deed the executor will need to grant to transfer the deceased's title into their own name as an individual, traditionally that used to be done by typing it as a docquet on the Confirmation itself (or a certificate of confirmation with just the property on it) though I think it can just be a separate deed. Unless there is something else going on, there's no urgency to register the transfer and often that's left until the next time something happens with the property - but it's useful to at least have signed the deed. And registering it now avoids the risk of losing it later on.

From a quick look I can't immediately see style wording online but I expect you can find it somewhere.