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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12088
Experience:  30 years as a practising solicitor.
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illegal to not pay off a mortgage with a mortgage policy insurance

Customer Question

illegal to not pay off a mortgage with a mortgage policy insurance when some one passes away my partner passed away and unknowingly my solicitor did not pay the mortgage of he used the money else where for other debts i am now having to pay the mortgage on the property so it doesn't get reposed as he said everything goes to my daughter as we were not married i am paying a mortgage on property i don't even own my partner passed away before our wedding date
Submitted: 4 years ago.
Category: Scots Law
Expert:  JGM replied 4 years ago.
Thank you for your question.

Unless the policy was assigned to the mortgage lender, it forms part of the estate and the solicitor is correct, irrespective of the reason the policy was taken out at the start.

An unassigned policy is moveable estate and does not have to be used to pay off heritable debts.

Given your position i suggest, however, that you see a solicitor of your own choice as the solicitor dealing with the estate cannot advise or represent you in this matter.

Happy to discuss further.

Remember that under section 29 of the Family Law (Scotland) Act 2006 you have six months from the date of death to make a partner claim on the estate. This is a strict time limit.
I hope this helps. Please leave a positive response so that I am credited for my time.