How can I get a property back into use if an executor is unwilling or unable to act in the estate?
Administering an estate can take a considerable period of time, especially where the deceased owned a property. The administration can be prolonged if an executor or administrator is unwilling or unable to act. Leaving the property empty can cause issues for the surrounding neighborhood and, if the property falls into a state of disrepair, the value of the property and the deceased’s estate could decrease. If the deceased left a valid Will, those named as the executors will be entitled to obtain a Grant of Probate and act in the administration of the estate. If there is no valid Will, the next of kin will be entitled to take out a Grant of Letters of Administration. This article will focus on situations where the named executors are unwilling to act, leaving the estate and property in limbo.
If the executor is known, they can sign a form of renunciation to give up their right to act in the administration of the estate. Depending on the contents of the Will, another executor could apply for the Grant. If there are no other surviving executors, the contents of the Will determines who is entitled to take out the Grant, this may, for example, be a residuary beneficiary. We are able to identify those entitled to take out a Grant of Representation and prepare the application accordingly.
In some cases, the executor may lack capacity to act in the administration, may have pre-deceased the deceased or may have died before taking steps to administer the estate. Similarly, in these cases, we identify who is entitled to a Grant and prepare the necessary application.
There may be more complex cases where the executor cannot be located despite extensive research or the executor may have passed away after obtaining a Grant of Probate but before finalising the estate. We have successfully obtained Grants to pass over an executor in these cases through preparing an application for a Grant of Representation under s116 of the Senior Courts Act 1981. This allows another interest party, such as a council, to obtain a Grant when they would not usually be entitled to act in the administration under the usual probate rules. This can be a useful tool to progress with the administrator of the estate and get a property back into use if there are significant issues with locating or engaging with the named executor. Once a Grant has been obtained, the appointed administrator will then have the authority to sell the deceased’s property.
Our Empty Homes department can provide advice on all areas of estate administration to get empty homes back into use quickly and efficiently. For more information call 0114 218 4000.
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