Part Settle a Scottish Estate

Newby2dis

Scottish Estate. Hi everyone, I am now at the six months point and have the Grant of Confirmation. I saw a solicitor in February and explained to my brother that he and his wife (they inherit the house) need to go to a solicitor who then liaises with my solicitor to change the title deeds into his and his wife’s name. They have only just started the process in May. 

I emailed my (as executor) solicitor yesterday to see if there was any update and she said she hadn’t received anything back from them but would chase. 

Given that six months has now passed, can I legally part settle the estate (monetary) for myself and my two siblings and leave my brother’s share in the Executor account until the title deeds are transferred into their names.
I have got a 6 month exemption in place from the Council tax but that will be up soon and the credit sitting in the gas and electricity will pay one more month so after that they will be chasing me I assume for both the Council Tax and electric and gas.
As this is all house related I feel it’s only right that it comes out of my brother’s share. 

Any help on my legal status in Scotland would be much appreciated. 

Flugelhorn

not sure about the Scottish system but just wondering if they were actually left the house as such or a quarter share in the estate and they ended up with the house 

Newby2dis

They do inherit the house and we are all fine with that. I just want to know if I can settle my and my other brother and sister’s share of the money left to us and leave my brother’s equal share to cover any house related bills if the title deeds haven’t concluded by the time they become due. That way it would rightly come out of his share. 

Hopefully someone knows if I can. 

buddy9

If your sibling has inherited the house and has intimated a desire to have ownership transferred to himself, then presumably your solicitor will have you (and the other executor) sign a ‘docket transfer’ to transfer the house, and your sibling will then be able to have the house title transferred.

If so, rather than waiting for your sibling, perhaps your solicitor could be proactive in passing the docketed certificate (and house responsibility) to your sibling.

Newby2dis

Hi Buddy9,
great to hear from you. I hope you’re well. My solicitor hasn’t mentioned a docket transfer so I will get in touch and ask if she is going to do this.
Thanks so much. Yet again you have come to my rescue. 

sheslookinhot

Ask the utility companies to disconnect the services, as there may be no one to pay further bills.