Name not on Deeds - Scotland

Deenport

Hi. Trying to get our affairs in order, and have read conflicting information. 

We live in Scotland. Husband bought our house about 5 years before we met. Now been together for 20 years, married for 17. 

We have never bothered to add my name to the deeds, mortgage remains in husbands name and he pays. ( I cover utility bills, shopping, insurance etc). Where would I stand if the worst happened? He has a son from previous relationship and I want to make sure, that our son and I would be safe? 

Keep_pedalling

Has your husband made a will? 

Deenport

Keep_pedalling said:

Has your husband made a will? 

Not yet, we have one of those DIY packs, still to be completed though. 

Keep_pedalling

Deenport said:

Keep_pedalling said:

Has your husband made a will? 

Not yet, we have one of those DIY packs, still to be completed though. 

Throw that away and make an appointment with a solicitor this is too important to DIY, especially with a son from a previous relationship involved and the added complications that come with living under Scottish inheritance law, 

Deenport

Keep_pedalling said:

Deenport said:

Keep_pedalling said:

Has your husband made a will? 

Not yet, we have one of those DIY packs, still to be completed though. 

Throw that away and make an appointment with a solicitor this is too important to DIY, especially with a son from a previous relationship involved and the added complications that come with living under Scottish inheritance law, 

So, it’s not cut and dry that i automatically inherit the house? 

Keep_pedalling

Deenport said:

Keep_pedalling said:

Deenport said:

Keep_pedalling said:

Has your husband made a will? 

Not yet, we have one of those DIY packs, still to be completed though. 

Throw that away and make an appointment with a solicitor this is too important to DIY, especially with a son from a previous relationship involved and the added complications that come with living under Scottish inheritance law, 

So, it’s not cut and dry that i automatically inherit the house? 

It depends on the value of the property. Intestacy is a little complicated in Scotland and your husband would be extremely foolish not to make a will. For instance if the house was worth £400k and he had no other assets, his son would not inherit anything if he died first, but a will could give you the right to live out your days in the house and then form an inheritance for his two sons after your death.

https://www.thegazette.co.uk/wills-and-probate/content/103535

Deenport

Thank you. We will arrange a solicitor asap. Much appreciated 

buddy9

As advised, I recommend you do not use a will kit in Scotland.

The Scottish intestacy rules changed this month so the Gazette article is not totally accurate.

sheramber

Deenport said:

Hi. Trying to get our affairs in order, and have read conflicting information. 

We live in Scotland. Husband bought our house about 5 years before we met. Now been together for 20 years, married for 17. 

We have never bothered to add my name to the deeds, mortgage remains in husbands name and he pays. ( I cover utility bills, shopping, insurance etc). Where would I stand if the worst happened? He has a son from previous relationship and I want to make sure, that our son and I would be safe? 

He has a son from previous relationship and I want to make sure, that our son and I would be safe? 

What does your husband want to happen?

MEM62

Deenport said:

Keep_pedalling said:

Has your husband made a will? 

Not yet, we have one of those DIY packs, still to be completed though. 

This will be insufficient in the majority of cases.  See a solicitor and get it done properly.  

Deenport

sheramber said:

Deenport said:

Hi. Trying to get our affairs in order, and have read conflicting information. 

We live in Scotland. Husband bought our house about 5 years before we met. Now been together for 20 years, married for 17. 

We have never bothered to add my name to the deeds, mortgage remains in husbands name and he pays. ( I cover utility bills, shopping, insurance etc). Where would I stand if the worst happened? He has a son from previous relationship and I want to make sure, that our son and I would be safe? 

He has a son from previous relationship and I want to make sure, that our son and I would be safe? 

What does your husband want to happen?

Exactly the same thing. I would not be asking otherwise.