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Legal part-owner - any authority over rental of a property still subject to probate.

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  • Legal part-owner - any authority over rental of a property still subject to probate.

    Hello,
    My name is on the Land Register of a house which belonged to my recently deceased sister. I gather I am, along with her son, a part owner of the house, although I suspect not in a beneficial.sense.
    I am also an executor of her will.
    Her will leaves everything to him, and I have no argument with that. Probate, however, has only just commenced, and will take some time. In the meantime, the son has agreed to let a friend of his, and her children, occupy the premises on a no-rent (bills-only) basis for a period of 18 months. I do not think there is a formal rental document.
    Are there any risks associated with this arrangement, and do I have any powers to delay it, or ensure that it is put on a more regular basis?
    Thank you.
    Tags: None

  • #2
    And when the tenant refuses to go?

    Comment


    • #3
      Just what I was wondering about. A little naivety here, I think. Thus the quest for- can I do anything legally to occasion a rethink? Thanks.

      Comment


      • #4
        Condolence4s on your loss

        As you are part owner, and the other owner has passed away but probate has not yet been completed, how come your nephew is also part owner?
        Unless he was already registered as legal owner he had no authority to lease/lend the property to some one else.

        As executor you are solely responsible for preserving the assets of the estate (what happens if the house is trashed by the "tenants", need to arrange landlord's insurance as current insurance won't be sufficient) and you need to regularise the situation somehow i.e. evict them or have a formal arrangement, including beneficiary's signed agreement to the arrangement (if he comes to regret it he might look to you to cover any losses)

        Comment


        • #5
          Originally posted by des8 View Post
          Condolence4s on your loss

          As you are part owner, and the other owner has passed away but probate has not yet been completed, how come your nephew is also part owner?
          Unless he was already registered as legal owner he had no authority to lease/lend the property to some one else.

          As executor you are solely responsible for preserving the assets of the estate (what happens if the house is trashed by the "tenants", need to arrange landlord's insurance as current insurance won't be sufficient) and you need to regularise the situation somehow i.e. evict them or have a formal arrangement, including beneficiary's signed agreement to the arrangement (if he comes to regret it he might look to you to cover any losses)
          Thanks both for your sage advice. 74w

          Comment

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