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Joshua
Joshua, Lawyer
Category: Property Law
Satisfied Customers: 26015
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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What is the legal position, when an landlord dies and the property

Resolved Question:

What is the legal position, when an landlord dies and the property is to be inherited by the Landlord children. The children want to keep the property and carry out renting it, to the same tenants.
The Landlord has left a valid will and named his children as his Executors. As the estate will go through probate,
1). What happens to the building insurance taken out by the Landlord prior to his death?
2). What happened if it needs to be renewed prior to Probate being gained?
3). What happens to the rent during this period?

Thanks

Keith
Submitted: 3 years ago.
Category: Property Law
Expert:  Joshua replied 3 years ago.

Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

May I ask if the property is presently rented to tenants please and if so the approximate length remaining on the tenancy (if any)?

Customer:

yes it is rented and the tenant are in for the long haul, they had a business which went bust and sold their property to settle debts so they want a long term ongonig rent , which suits everyhbody,.

Joshua :

Thanks. Just for my information, may I ask if you ask on behalf of tenants or the landlords estate?

Customer:

the landlord is my father

Joshua :

Thank you. Please accept my sympathies for your loss.

Joshua :

I will with your permission address each of your questions in turn:

Joshua :

1) the policy remains in effect however the executors should give consideration to notifying the insurer of the death of the insured and provide names and addresses of the executors. It is likely be insurer will require a death certificate and so consideration to giving the notice in writing is likely to be preferable than by telephone

Joshua :

2) until the property is transferred to the beneficiary or beneficiaries entitled under your father's will, insurance should be effected in the names of the executors. after it is transferred, it should be in the name of the beneficiary or beneficiaries concerned

Joshua :

3) the rent should be collected by the executors and held in an executors account the rent will belong to the beneficiary or beneficiaries of the property which may or may not be more than one party - I believe from what you say here, it is to be shared between you and your siblings

Customer:

correct

Joshua :

in general terms, by virtue of section 1 of the administration of Estates act, upon the death of an individual, legal control and authority in respect of all of that individuals assets transfers to his executors and this is the underlying legislation that underpins the above

Joshua :

Is there anything above I can clarify for you any further?

Customer:

No that all make perfect sense and should be easy to manage.

Customer:

Thanks for your help

Joshua :

A pleasure.

Joshua :

If you have no further questions for now I should be very grateful if you would kindly take a moment to rate my service to you today. Your feedback is important to me. If there is anything else I can help with though please reply back to me though.

Customer:

Not at present I may have as my fathers estate is very simple I intend to carry do the probate myself- I now know where to go if I get any other questions like this

Customer:

Thanks Again

Customer:

Keith

Joshua :

Thanks.

Joshua and 2 other Property Law Specialists are ready to help you