Q&As

Can an executor complete a new lease or if not, enter into a valid agreement for a new lease before a grant of probate?

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Produced in partnership with Lynne Counsell of 9 Stone Buildings
Published on LexisPSL on 13/11/2018

The following Wills & Probate Q&A Produced in partnership with Lynne Counsell of 9 Stone Buildings provides comprehensive and up to date legal information covering:

  • Can an executor complete a new lease or if not, enter into a valid agreement for a new lease before a grant of probate?
  • The duties and powers of personal representatives
  • The authority of personal representatives
  • The grant of probate
  • Conclusion

The duties and powers of personal representatives

The duty of personal representatives is to collect and get in the real and personal estate of the deceased and administer it according to law: section 25 of the Administration of Estates Act 1925 (AEA 1925). For these purposes, they have a wide variety of powers enabling them to manage, sell, distribute and otherwise deal with the property of the deceased. See AEA 1925 and generally: Personal representatives—overview. Also, see Practice Note: Executor's and administrator's authority prior to the grant.

The authority of personal representatives

The executor’s title and authority derives from the Will. The property of the deceased vests in the named executor(s) at the date of the testator’s death. It is therefore from that moment that the above powers of the executor become exercisable.

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