Easily Delete Advanced Field to the Survivorship Deed

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Below are some common questions from our customers that may provide you with the answer you're looking for. If you can't find an answer to your question, please don't hesitate to reach out to us.

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How do you evacuate a survivorship destination in Scotland?

A solicitor would be able to confirm how title is held by looking at the title Deeds. In order to evacuate a Survivorship Destination, you require the permission and signature of both owners of the property.

What happens if there is no survivorship clause?

Without a survivorship clause, then any gifts of the estate on first death would need to pass to the survivor before it can be distributed to any further beneficiaries. This will mean the assets of the first testator will be calculated for IHT on first death and again on second death.

What is a survivorship destination succession Scotland Act 2016?

Special destinations, also sometimes known as survivorship destinations, are conditions that commonly appear in the title of property held by more than one person, usually spouses, which provide that on the death of one of the spouses their title automatically passes to the survivor.

What is the survivorship clause on a title deed?

If you owned the home jointly, the title deeds may have a survivorship destination or survivorship clause. This means that youll automatically inherit the other persons share of the property, and youll have full rights to stay in the home.

How do I revoke my survivorship destination?

The Survivorship Destination cannot be revoked unilaterally. You and your co-owner must both agree to revoke the clause. This can become problematic if one party wishes to revoke the clause but the other refuses (or is unable to consent due to incapacity) to the revocation.

How do you evacuate the survivorship destination?

A survivorship destination cannot be overruled by a party leaving their share of the property to a beneficiary in their Will. Parties can evacuate the destination by both agreeing to remove the clause, which is the only option for unmarried couples.

What are the disadvantages of survivorship destinations?

A major issue with survivorship destinations is that once the clause is included, it cannot be revoked by one party; both parties must agree to remove it by having another deed prepared. The clause does not allow for any flexibility and will always trump the wishes of the deceaseds Will.

What is the law of survivorship in Scotland?

Where more than one party purchases a property in Scotland the title can be held with what is called a survivorship destination or in pro indiviso shares. A survivorship destination means that on the death of either party, the deceaseds share of the property will pass automatically to the survivor.

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Delete Advanced Field to the Survivorship Deed