Hi all,
I am currently dealing with a situation in which a Scottish property owned by A was inherited by person B domiciled in England.
The Scottish property was not in any way dealt with and B then passes away intestate leaving a son and daughter C & D as their beneficiaries by way of the rules of intestacy (both domiciled in England).
The Scottish property again is not dealt with on B’s death and D has then subsequently passed away.
C is now trying to confirm where D’s share of the Scottish property passes.
From my research the first question I am trying to find an answer to is whether property on intestacy passes as joint tenants or tenants in common. If it were joint tenants then C would receive the property, if tenants in common then D’s share would pass under his Will.
Whilst i can find numerous references to assets passing under intestacy in equal shares, i am unable to find anything to confirm whether that is to be held as TinC or JT.
Is anyone aware of where this is confirmed?
in addition, if anyone is able to give their view as to how that then overlaps onto a Scottish Property it would be greatly appreciated, although i imagine it would involve instruction of a Scottish solicitor at that stage.