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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12198
Experience:  30 years as a practising solicitor.
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I have lost half my house to my late wife's family, due to

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I have lost half my house to my late wife's family, due to not being told about a survivorship clause. It was in my name, I got my late wife added.
1.By law should I have been informed of it.
2.will I have a successful claim against the company who failed to inform me of it. All records by them have now been destroyed
Thank you for your question. I am a solicitor in Scotland.
1. A solicitor should always take specific instructions as to whether a title to joint owners should include a survivorship clause or not.
2. I think on the face of it you would have a successful claim. I would like to know more about the detail of this from the professor's opinion prior to forming a final view but I don't consider it correct that a solicitor can just choose how to draft a title deed as to whether the title should go to a survivor or into the estate of the deceased. This is an important choice which has to be made by the client.
I hope this helps. Please leave a positive response so that I am credited for my time.
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