Q&As
(A) has just died and there is one named executor. One of the assets in the estate is a property currently being let by a commercial and residential tenant. The executor wants to take possession prior to administering the estate. Apart from the fact that an executor needs a grant to administer the estate (except when it is of minor value), is a grant required to take preparatory steps and then obtaining possession (ie service of notices, possession proceedings)?
This Q&A is relevant where there is no surviving joint owner of the property. A surviving joint owner would be able to take all steps necessary to obtain Possession.
The role of an executor is to execute the provisions specified by the deceased in their Will. Ordinarily, in order to carry out the provisions of the Will, the executor will gather in all of the assets, settle the Liabilities and then distribute the proceeds of the Estate in accordance with its provisions. To facilitate this process, the executor requires recognition of the legitimacy of that role,
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