Can I rent out a house before the will has been executed?

Avatar Image
mathremuk | 12:07 Thu 10th Mar 2011 | Civil
5 Answers
Myself and my brother have just inherited my grans house. We are both Executors on the Will and have just got our solicitor to renounce his position. We are also the only beneficiaries. Can we rent this property before we apply for probate or anytime during the process? At the moment we are having repairs done and will be applying for probate shortly.


1 to 5 of 5rss feed

Best Answer

No best answer has yet been selected by mathremuk. Once a best answer has been selected, it will be shown here.

For more on marking an answer as the "Best Answer", please visit our FAQ.
Do either of you have Power of Attorney.
<<Do either of you have Power of Attorney.>>

Power of Attorney lapses automatically on death so that would make no difference either way

I think but am not certain you can rent it out in the name of 'Executors of X'. You might have trouble with receiving the rent (you'd need an executors' bank account and I'm not certain when a bank will allow you to open one) and an awkward tenant might be iffy about signing a lease with you without probate. Certainly easier not to rent it out.
Question Author
yes we both do
True dzug2. I was thinking about the fact that when my mother died I could continue with certain things and pay outstanding bills and had to produce evidence of every bit of money coming in and out.

I would agree with dzug, probably better to wait under after probate is granted.
I see no reason whatsoever why you cannot rent this house out. An executor's title is conferred by the Will and merely confirmed when the Grant issues - this is unlike an administrator (ie someone who was not appointed executor) whose authority derives solely from the Grant. Because an assured shorthold tenancy does not have to be registered at the land registry you can rent it out - just make sure you direct the tenant to pay the money to a nominated account which will then have to account to the estate.

To evidence your title, I would simply provide a copy of the death certificate and the will to the tenant (if he is actually that bothered). Failing that just include a recital in the assured shorthold tenancy agreement.

1 to 5 of 5rss feed

Do you know the answer?

Can I rent out a house before the will has been executed?

Answer Question >>

Related Questions

Sorry, we can't find any related questions. Try using the search bar at the top of the page to search for some keywords, or choose a topic and submit your own question.