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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 17058
Experience:  30 years as a practising solicitor.
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Both my parents have passed without a will there is just me

Customer Question

Both my parents have passed without a will there is just me and my sister left and only the house as my parents property they have no outstanding bills or funeral expenses or anything !
JA: Since estate law varies from place to place, can you tell me where this is?
Customer: Orkney in Scotland
JA: What documents or supporting evidence do you have?
Customer: evidence of what ?
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Value of property is approx £200k
Submitted: 16 days ago.
Category: Scots Law
Expert:  JGM replied 16 days ago.

Thanks for your question. I am a solicitor in Scotland with 35 years of experience in private practice and I hope that I can help you with your question today. Let me have a quick look at your question and I will either give you an initial answer or ask you for further information. I aim to respond as quickly as I can but sometimes I may want to take a little time to consider your question so as to give you the best possible answer.

Expert:  JGM replied 16 days ago.

Thanks for your question. I am a solicitor in Scotland with 35 years of experience in private practice and I hope that I can help you with your question today. Let me have a quick look at your question and I will either give you an initial answer or ask you for further information. I aim to respond as quickly as I can but sometimes I may want to take a little time to consider your question so as to give you the best possible answer.

Expert:  JGM replied 16 days ago.

As there is no will, an application to the court will be needed for appointment of the closest relative as executor dative. You will then need to apply for Confirmation to one or both of your parents’ estates to be able to deal with the house. If there is a survivorship clause in the title deeds application is only needed in respect of the last to die. If there is no survivorship clause then both estates have to be confirmed at the court. You should see a local solicitor to deal with this for you. You need to take the title deeds to the house to them for this purpose.

Expert:  JGM replied 16 days ago.

I hope this helped you today. Please do let me know if I can clarify anything. I am always happy to help. You are always welcome to ask a follow up question if it will help you further.

Customer: replied 16 days ago.
I have been told I need a letter of confirmation before we can sell the house but as we didn’t know any of this I have used the money my parents had to pay for my mothers care home charges and the funerals of both my dad and mum !
We emptied the house as everything in it was either worthless or ruined because it had sat empty for 2 years and there had also been a leak in the house which we paid for the repair ! Will this make any difference to the application for confirmation and it would be for my mum as she was the last survivor but it also mentions me and my sister in the title deeds does that make a difference ? Thanks
Expert:  JGM replied 16 days ago.

I would need to see the title to the house to answer that.