Q&As

Can an executor enter into a new renewal lease on behalf of the deceased's estate before the grant of probate has issued or must they await the grant before entering into a new renewal lease that is protected under the Landlord and Tenant Act?

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Published on LexisPSL on 14/05/2020

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

  • Can an executor enter into a new renewal lease on behalf of the deceased's estate before the grant of probate has issued or must they await the grant before entering into a new renewal lease that is protected under the Landlord and Tenant Act?

An executor's authority to act on behalf of the estate arises on the date of death, not the date of the grant of representation. The authority of an administrator, on the other hand, arises only from the grant of representation.

For further information, see Practice Note: Executor's and administrator's authority prior to the grant.

An executor could therefore execute a new lease prior to a grant of probate, as lessor, but, in practice, the lessee may require that the executor produces a grant of probat

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