A docket for the Scots

Transferring a home or land can be a little more complex in Scotland. The Certificate of Confirmation – the Scottish equivalent of grant of probate – has a Form of Docket attached, which you fill in and keep with the title deeds of the property. This Form of Docket transfers ownership from the deceased to the nominated beneficiary. The docket has to be signed by the executors and the beneficiary and the signatures must be witnessed.

Register the transfer in the Books of Council and Session in case the form is destroyed or lost. You can do this by applying to the Keeper of the Registers of Scotland, Meadowbank House, 153 London Road, Edinburgh EH8 7AU.

If the property is registered at the Scottish Land Registry let them know of the transfer of ownership. The Web site www.scotlandlandregistry.co.uk explains how to go about this.

You don't need a Form of Docket if the prop- erty automatically transfers to someone else under joint tenancy. This is often referred to in Scotland as transfer of property under a survivorship destination.

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