Registration of certificate of inheritance

1.    To what extent could the Certificate be registered in your Land Registry? Is this Certificate enough for the registration of ownership (or other rights in rem) in the name of the heirs (or legatees)? Otherwise, which other additional documents or complementary requirements would be needed?

A Certificate of Inheritance is not capable of being registered in the Land Register or recorded in the General Register of Sasines.

In order to deal with moveable and immoveable property located in Scotland, the person entitled to administer the deceased’s property (the executor) would have to apply to the Scottish Courts for Confirmation. Confirmation certifies not only the status of the executor, but also the property that the executor is entitled to administer.

• Do you request official translations of European Certificates of Succession that are drawn up in a foreign language? Is the registration of a multilingual deed possible?
  N/A

2.    In particular: for the purposes of registration, if the interested parties have complied with a Certificate of Inheritance adequately, will sharing out or distribution of estate deeds be also necessary?

N/A

3.    In the event that the Certificate cannot be used for purposes of registration at all in your LR system, please let’s know the legal reasons.

Scotland, as part of the UK, is exempt from the Regulation (clause 82)

4.    May the Certificate be rejected by your registration authorities in the event of inadequate completion, mistakes or inaccuracies?

N/A

• Do you control whether the authority, who issued the Certificate, is indeed competent to do so? Imagine you receive a request for the registration of a European Certificate of Succession that is drawn up by a foreigner claiming to be a notary in the Netherlands. Do you actively control whether this person is actually a notary in the Netherland and if so, how do you control this?
  No
• A foreign ‘court’ has drawn up a European Certificate of Succession and submitted a request for registration to your organization. As the Certificate does not comply with your national registration requirements, you have to reject the application. In practical terms, how and in which language do you contact the ‘court’?
  N/A
  
• Does your answer to the preceding question change when it is not the issuing authority but the heir himself who submits the request for registration?
  N/A

5.    For the certificate to be effective for the distribution of the estate and its registration, should this document be issued by national notaries or other practitioners or could it be issued by foreign notaries?

N/A