Executor of will dealing with estate agent

[Jacko88]

Hi All,

I was named as the executor and beneficiary of a will, I am due to receive probate of the deceased estate which includes a buy to let property.

The estate agent who current let the deceased buy to let property have been very difficult in dealing with us, and we wanted to know is there a way we can void the contract with the letting agent on the grounds that the contract was with the deceased.

Thanks

[atticus]

No. But you may be able to terminate the contract. Look at the contract wording (if need be ask the agent to provide a copy) and check the termination provisions.

[PallasAthena]

Possibly the estate agent is being difficult because you don't have Probate yet? Technically it is only Probate that gives you the legal authority to deal the deceased's affairs so until you have it the estate agent is entitled to refuse to deal with you, although that seems a bit short-sigthted of them.

When you get Probate your position in relation to contracts is that you take on the rights that the deceased had. So whatever rights the deceased would have had under the contract are, after Probate, the rights that the Executors now have. You can't void the contract because it was with the deceased but presumably it has provision to cancel the contract and, after Probate, you can exercise that right.

[Jacko88]

Thanks for the response.

The contract is for 48 months, with no break clause after the first 12 months which we are passed. That's the only termination reference in the contract. We have given them a solicitor certified copy of the will which they have recognised as valid to discuss with us.

[PallasAthena]

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