Occupancy rights after death

Issues surrounding the occupation of estate property following death can present significant legal and practical challenges. This webinar examines the key considerations for practitioners when dealing with post-death occupation of estate property, including the duties and risks faced by personal representatives.

The webinar will consider how to identify early warning signs, the steps that can be taken to minimise risk to the estate and to personal representatives, and the principal issues that arise when advising on the management and protection of estate assets after death.

Topics covered include:

• Personal representatives: role and duties
• Right of occupancy:
  • Social housing
  • Private tenancies
  • Family home
• Practical considerations:
  • Family member(s) or cohabitants in occupation
  • Beneficiaries in occupation
  • Vacant properties
  • Procedure to obtain vacant possession:
    • Claims against trespassers
    • Part 8 claims
• Common issues and disputes:
  • Delays in obtaining the Grant of Probate or Letters of Administration
  • Delays in selling the property
  • Occupation rent/mesne profits
  • Damage and/or property falling into disrepair
  • Disputes over chattels
• Potential claims arising on death of property owner:
  • Proprietary estoppel
  • Resulting trusts and/or Constructive trusts
  • Claims under Inheritance (Provision for Family and Dependants) Act 1975