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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11429
Experience:  30 years as a practising solicitor.
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We are tenants in common with our 2 sons. My husband has

Customer Question

We are tenants in common with our 2 sons. My husband has just died leaving his share of the property - quarter - to our 2 sons. How much will this cost for a solicitor to apply to the land register for an alteration to the register? Or can I do this myself and, if so, what forms would I need.
Submitted: 2 years ago.
Category: Scots Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
I am sorry for your loss.
Tenants in common doesn't apply in Scots law. The title either goes to the survivor or into the deceased person's estate. Assuming there is no survivorship clause and your late husband's will leaves his share of the house to your sons, the following steps are taken:
1. The executor named in the will applies for Confirmation to the estate by preparing an estate inventory and lodging it with the sheriff court along with the will.
2. The court grants Confirmation in favour of the executor.
3. The executor prepare and executes a special kind of title deed called a Notoce of Title passing the share of the title to your sons.
4. The Notice of Title is lodged with the Land Register.
5. The Land Register registers the Notice of Title and issues, now by email, an up to date title.
I would not recommend that you try to do this yourself unless you have experience of executries and conveyancing.
I hope this helps. Please leave a positive response so that I am credited for my time.
JGM and other Scots Law Specialists are ready to help you
Customer: replied 2 years ago.

Many thanks. Problem sorted. All the land registry needed was a

copy of the death certificate. I was told he had put the property in trust

to safeguard our interests.

Expert:  JGM replied 2 years ago.
Good. That means there was a survivorship clause. I'm glad it's as straightforward as that.