Living in a deceased person’s property during probate is a topic of concern for many inheritors in the UK, raising questions about rights, responsibilities, and potential conflicts.
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Understanding Probate
Probate is the legal process for administering a deceased person’s estate and distributing assets to beneficiaries. It involves valuing the estate, paying debts and taxes, and ensuring inheritance complies with the will’s wishes.
Can a Family Member Live in a Deceased’s Property While Waiting for Probate?
Yes, under certain conditions. Heirs or those named in the will can potentially occupy the property, but they must be aware of their responsibilities and the lack of ownership rights until probate is complete.
If the property is empty and Executor feels that it would be safer to protect the estate then he/she may allow one of the family members to live there:
| Aspect | Details |
|---|---|
| Who Can Live There | Heirs or those named in the will can potentially occupy the property. |
| Rights During Probate | No ownership rights until probate is complete. |
| Responsibilities | Costs like utilities must be handled by the estate or occupant. |
What are the responsibilities of living in a house during probate?
The occupant must handle costs like utilities and ensure the property is maintained. They should also be aware that they do not have ownership rights until probate is complete.
What does the law say?
Under Section 12 of the Trusts of Land and Appointment of Trustees Act 1996 (TLATA 1996), beneficiaries are entitled to an interest in possession if the purpose of the Trust includes making the land available for their occupation and the land is held by the Trustees.
Executors have an absolute power to decide how land is dealt with under Section 39 of the Administration of Estates Act 1925 (AEA 1925), as amended by TLATA 1996, unless restricted by the will.
Deciding Whether to Keep or Sell the Property
One of the most significant decisions you will face is whether to keep the property and continue renting it out or to sell it. Each option has its benefits and drawbacks, and your decision will depend on your personal circumstances and financial goals.
Best Practices
Prevention is better than cure. Once someone moves in rent free, it can cause all sorts of problems:
- It is advisable to draft a formal license agreement defining conditional rights to continue living in the property based on clear obligations to pay, repair, and permit full access.
- If an occupant refuses to leave, executors or administrators may need to apply to court for a court order to force them to leave, which can be a complex and lengthy process.
- Continue to maintain the property to prevent deterioration.
- Regularly communicate with the executor to ensure alignment on estate management.
- Pay any rent, bills such as utilities, council tax and appropriate insurance cover.
Can an executor allow a beneficiary to take occupancy?
Yes, unless the deceased’s will specifically restricts them from doing so. However, executors should consider the rights of all beneficiaries and the potential impact on the administration of the estate.
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