Your title sheet might say what happens to your shared property after the death of a co-owner.
Some title sheets have wording which means that, on the death of a co-proprietor, their share transfers automatically to the person who is still alive (the survivor). This is known as a ‘survivorship destination’ or ‘survivorship clause’.
The wording can vary, but it will usually follow the names of the parties.
For example:
John Smith and Jean Smith, both 29 Forest Road, Oaktown, equally between them and the survivor of them.
You can order copies of your title sheet from ScotLIS.
If your property is on the older Sasine Register, then our Customer Services team can provide you with a copy of your titles.
If there is a survivorship clause
We can update (rectify) the register if there is a survivorship clause to remove the name of the deceased co-proprietor.
You do not need to take this action.
The survivorship operates without you having to do anything further. However, if a legal professional advises you to do so, we can update your title sheet.
You must provide us with a:
- full extract death certificate
- letter from a solicitor that is a confirmation of non-evacuation of the destination. This is essential.
There is no cost to use this service.
Tell us
You can tell us if there is a survivorship clause using our Public Title Inaccuracy Enquiries service.
If there is no survivorship clause
If the wording relating to the survivor is absent, then further conveyancing by the executor of the deceased is required.
This will transfer the share of the property belonging to the deceased to:
- the survivor
- any other party
Registration is a complex process. It can be easy to make a mistake, in the worst-case scenario, you could lose the rights to your property.
We recommend that you safeguard your valuable rights by using the services of a solicitor. A solicitor will provide advice tailored to your needs and will safeguard your property.
The Scottish Government provides information on bereavement support and advice.