S9.9 Survivorship Destinations
If the previous title contained a survivorship destination, no deduction of title is necessary if the current deed is granted by the survivor. The narrative will usually explain this. A note should be put on the Search Sheet that the destination has operated. For example:
?Note - Survivorship destination has operated.?z
This helps to clarify the succession of title. If no mention is made then a subsequent Discharge, for example, could be submitted with only the survivor as an Applicant and enquiries would have to be made.
If there is no mention of the destination having operated in the deed, and it is not clear that one of the titleholders is now deceased, it should be brought up with the Agent and never assumed. (It is possible that a half share has been disponed by one titleholder to the other and the deed has not yet been recorded.) The note can then read:
?Note - Agent confirms that the survivorship destination has operated.?z
Other evidence can be used to confirm a titleholder's death, such as a statement in the Sasine Application Form, a Death Certificate or evidence from another deed such as a Discharge. Confirmation does not then need to be made and a note can be added to the Minute as firstmentioned above.
If the deduction refers to title being last vested in A and B, the minute of the deduction only refers to whichever was the survivor, if this information is stated.
Registers of Scotland (RoS) seeks to ensure that the information published in the Sasines Manual is up to date and accurate but it may be amended from time to time.
The Manual is an internal document intended for RoS staff only. The information in the Manual does not constitute legal or professional advice and RoS cannot accept any liability for actions arising from its use.
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