Scottish law help-property owned by non-married couple, one passed away

[theladylovescupcakes]

My FIL owns his house. 7 years ago he signed over half of the house to his 'companion' as she had given her own house to a granddaughter. FIL's companion has since passed away after being in a nursing home for the past 4 years. Does her half of the house automatically pass to him? She is not mentioned in his will, neither is he mentioned in her will. Can't find any paperwork specifically mentioning the house and what happens in the event of her death.

Can anyone shed any light please? Can't get hold of FIL's solicitor and funeral imminent and we fear it will open a huge bag of worms with her family. Thanks.

Anyone?

Sorry, I'm not sure about this and you really need a solicitor. In Scotland surviving cohabitants have been able to apply to Court to obtain an award from an intestate ́s estate since 2006. The maximum award possible is what the surviving cohabitant would have taken if the parties had been married. There was a law commission report a few years back (2009?) proposing applying the same right when there is a will. There have been changes this year to the laws of succession but as far as I'm aware more rights for co-habitants hasn't been implemented.

I've never posted before so hope this works...

Depending largely on when the deed was drawn up it could go either way. Years ago deeds were usually written in such a way as to leave the house to the survivor. However, in recent years solicitors have been more inclined to write the deed in such a way as showing joint owners having a share each and thereafter to their survivors (beneficiaries). I believe this was as a result of more divorces etc. If the title deeds refer to each party having a one half pro indiviso share or similar wording then it is likely her share will pass to her beneficiaries. I mainly dealt with conveyancing so am not sure of the recent developments re co-habitees, having not practiced law for a few years now! Your dad should have been given a copy of the deeds when they were registered, so in the absence of a will I would check them first. Let me know if I can help further with the wording of the deeds etc.

Yes. That's quite true it's worth checking. I was working on the assumption that now it is usual to hold a property in joint names without a survivorship clause in the title deed so the deceased's share doesn't automatically pass to the other as survivor, but passes according to the wishes of the deceased's will or the law of intestacy, if the partner hasn't made a will.

Thanks folks. Disposition does refer to pro indiviso share and also refers to her beneficiaries. Doesn't look good then. Thanks for your help.