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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11158
Experience:  30 years as a practising solicitor.
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My mother and father jointly owned a house. The title deeds

Customer Question

My mother and father jointly owned a house. The title deeds are in their both their names. My mum died 4 weeks ago and mentioned in her will she wanted her half to go to my older sister and dad obviously still has his half. Is this right - or should her half not automatically go to my dad. Then he can decide what to do with the house. I have another sister and we think dad should be able sell the house, enjoy the funds from it - then when he dies - whatevers left should be split 3 ways? Help!
Submitted: 4 years ago.
Category: Scots Law
Expert:  JGM replied 4 years ago.
Thank you for your question.

There's two scenarios:

1. The title to the house is held jointly and to the survivor. If this is the case then the house goes to your father irrespective of any will.

2. The title is not held jointly and to the survivor. In this instance the title goes to the person named in the will.

Happy to discuss further.

I hope this helps. Please leave a positive response so that I am credited for my time.