Hi, last year my father died. i am my mothers legal power of attorney and we are still sorting out my fathers estate. My father died without a legal will. but we have now been through court and my mother has now been confirmed as executor dative for my fathers estate. The dwelling house was legally owned fully by my father, i.e. he was the only person named on the title deeds, which are held in the sasines register. the dweling house is passed to my mother due to her prior rights in the confirmation certificate (this is explicitly stated). on this basis, is there any merit in getting the title deeds revised to reflect my mother now being the owner? - she is concerned that if anything happens to her, that the succession of the house to myself and my siblings will be legally very difficult if she does not amend the deeds. if the deeds do need re-written, is there an easy way to do this myself or does it require a solicitor?
Thank you for your question.Your mother is quite right. Although it doesn't have to be done it will save you going through additional procedures down the line should anything happen to your mother.There is an easy way of doing this at this stage.On the back of the certificate of confirmation relating to the house your mother writes a docquet whereby she, as executor, nominates herself as an individual as the person entitled to the house.That docquetted confirmation is then recorded at the Registers of Scotland and when it is returned it is place with the other title deeds.Because this involves the transfer of heritable property the docquet and recording should be done by a solicitor.I hope this helps. Please press ACCEPT so that I am credited for my time.
is there anything in particular that the docquet must state?thanks for the quick reply.DB
I, residing at (your mother's name and address) being by virtue of the within Confirmation executor of the estate of the late (name of father) insofar as specified in the said Confirmation hereby nominate myself the said (name of mother) as an individual in terms of sections 8 and 9 of the Succession (Scotland) Act 1964 as amended to the intestate estate of the said (name of father) as the person entitled to the following item of estate that is to say ALL and WHOLE the subjects known as and forming (full conveyancing description of property from deeds) being the item of estate specified in the said Confirmation: IN WITNESS WHEREOF these presents are subscribed by me at (place) on the (full date in words) in the presence of (full name and address of the witness subscribing).Underneath, you mother and the witness sign side by side and the docquetted Confirmation is then ready for recording.
27 years as a practising solicitor.
Thats perfect, thank you so much for your help.Regards,Dave Bradley
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