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Ask JGM Your Own Question
JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11289
Experience:  30 years as a practising solicitor.
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Brother and sister buy a house together, parents move in as

Customer Question

brother and sister buy a house together, parents move in as well, after 5 years sister marries and leaves the house, now occupied by brother(unmarried) and mother. Now 27 years later sister says that when brother and mother dies house will be hers and her families and other two siblings will have no sahre in the house?
Question is if brother dies without will how would house be shared, and if does leave will leaving house to sister only do other siblings have case to contest will?
Submitted: 1 year ago.
Category: Scots Law
Expert:  JGM replied 1 year ago.
1. If the title deed to the house contains a clause to say that the house passes to the survivor of the brother and sister then that is what will happen and whether there is a will or not is irrelevant. 2. If there is no survivorship clause and the brother leaves the house to his sister in the will then that is unchallengeable. 3. If there is no survivorship clause and the brother leaves no will, his share of the house passes through his estate and on to such beneficiaries as there are under the law of intestacy. In the absence of a surviving wife, civil partner, children or parents the property would pass to siblings.