Q&As

Can a personal representative of an estate begin eviction proceedings on someone in the deceased's property before letters of administration with Will annexed has been issued?

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Published on LexisPSL on 05/06/2019

The following Wills & Probate Q&A provides comprehensive and up to date legal information covering:

  • Can a personal representative of an estate begin eviction proceedings on someone in the deceased's property before letters of administration with Will annexed has been issued?

On the death of a property owner, their interest in the premises vests in their personal representative under the Administration of Estates Act 1925 (AEA 1925). This is so notwithstanding that the owner has bequeathed the interest in their Will, as a legatee will not obtain the legal estate until the representative has, by an assent in writing, so vested it in them. For further reading, see Commentary: Vesting of lessee's interest in personal representatives: Hill and Redman's Law of Landlord and Tenant [1].

Depending on if the owner dies without having made a valid Will, it wil

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