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)?

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on: 18 February 2016
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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,

Chris Bryden
Chris Bryden

Chris was called to the Bar in 2003 and since that time has built a busy practice across a range of areas, with an emphasis on Chancery practice. He enjoys a well-deserved reputation for his knowledge and expertise in each area. He appears regularly in the County Court, Family Court and the High Court as well as various specialist Tribunals, and has been involved in cases up to and including the Supreme Court. He regularly is instructed at Appellate level. He has extensive and wide-ranging experience particularly in the areas of wills, probate and inheritance disputes; property including adverse possession, boundary disputes and issues arising out of trusts of land; company and commercial work and financial remedies. Chris is head of the Family Group and head of the Property Team at 4KBW.

Chris is the author of numerous articles in publications such as the New Law Journal, Counsel and Family Law, amongst many other titles, and is the co-author of Social Media in the Workplace: A Handbook (2015, Jordan Publishing).

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Jurisdiction(s):
United Kingdom
Key definition:
Estate definition
What does Estate mean?

The means by which land is owned in England and Wales.

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