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Property survivorship (or not) in Scotland

I'm getting information together to rewrite my will, spouse is also rewriting his will. Last time we looked into rewriting our wills (but didn't go ahead) we were in our old house, which definitely had a survivorship destination. I just looked at the documents for our current house and it looks like it doesn't. 

1. Can I just double check that if it's listed as 'MyName and SpouseName of Address equally between them', with no mention of a survivor, then that means there is no survivorship destination. 

2. Is there anything new that I should be thinking about now that the house ownership structure is different? We don't have any kids (together or otherwise) and our wills are going to be very straightforward all to survivor -> split between siblings on both sides on second death.

Is our current situation effectively the same as tenants in common in England, or are there any differences?

Comments

  • buddy9
    buddy9 Posts: 874 Forumite
    Fourth Anniversary 500 Posts Name Dropper Photogenic

    If there is no mention of survivorship in the proprietorship section of the title there is no special destination and the house is owned in pro indivisio shares, which share will devolve in line with each co-owners will.

    With a special destination (survivorship clause) house ownership passes automatically to the survivor. 

    Without a special destination, the executor of the first to die requires to include the house share in the inventory of a Grant of Confirmation to enable transfer of title. 


    In general, not wholly dissimilar in principle to tenants in common in England.


  • Cairnpapple
    Cairnpapple Posts: 333 Forumite
    100 Posts First Anniversary Name Dropper
    Thank you @buddy9
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