Dying first: The unexpected legal repercussions and understanding the importance of legal advice
When dealing with the death of a partner, there is understandably a sense of overwhelming grief and uncertainty.
While it’s not at the forefront of their mind at the time, many people assume that legal matters will be straightforward, especially if there is a will in place. This can be a common misconception. In Scotland, the first death within a couple can present unique legal complexities that need careful attention.
Changing title deeds
One important area where legal advice is essential is in the transfer of property ownership. If a property is held jointly, it is not always the case that the surviving spouse automatically becomes the sole owner. The deeds need to be checked, as it may be that work is required to effect such a change in line with wishes in a will. However, if the property was owned by only one partner, a change of title deeds must be registered. This process involves updating the property records to reflect the new ownership status.
Dealing with legal rights
Another important consideration is the concept of legal rights. In Scotland, surviving spouses and any children have certain legal rights that can affect the distribution of a deceased person's estate. These rights can vary depending on the specific family circumstances and the terms of any will, and they can be complex if a number of children are involved.
In short, legal rights state:
The surviving spouse or civil partner is entitled to:
● One-third of the moveable estate if the deceased had children.
● One-half of the moveable estate if the deceased did not have children.
The children receive:
● One-half of the moveable estate if there is no surviving spouse or civil partner.
● One-third of the moveable estate if there is a surviving spouse or civil partner.
(The' moveable estate’ refers to all assets apart from property or land. Any property or land is known as heritable property.)
The importance of legal advice
While many people assume that there is little to do when someone dies and that a surviving spouse inherits everything, seeking legal advice is always recommended. A solicitor can provide expert guidance on:
Understanding legal rights
Navigating the probate process
Dealing with any potential disputes
Ensuring that the deceased person's wishes are carried out
We can help
The loss of a loved one is a difficult time, and the added complexities of legal matters can be overwhelming. By seeking legal advice early on, you can avoid potential problems and ensure that your loved one's estate is handled in line with their wishes. At Gibson Kerr, our team of personal law experts has many years of experience in guiding people through the process at this difficult time. We can advise on your particular circumstances and ensure the best outcome for all. Get in touch for a no-obligation chat to find out how we can help you.
email [email protected] or visit www.gibsonkerr.co.uk