Any thoughts on this are gratefully received.
I have an estate where the house (which is by far the most valuable asset in the estate) is occupied by one of the sons of the deceased. He has lived in the property (the family home) for over 20 years and helped care for his mother (the surviving spouse and whose estate I am administering). He is an executor and trustee along with his 3 siblings and is also one of the discretionary beneficiaries (along with his siblings and their children) of the discretionary trust of residue.
He is able to hold down only minimum wage type jobs. When the house is sold (it needs to be to pay the balance of IHT in the estate), some of the proceeds will need to be used to buy a flat for him to live in.
Probate has been obtained and the property will soon be put on the market.
While everything at the moment is happy families, there is the concern that there might be a problem with him vacating the property when the property is sold. Yes he is an executor and fully aware of the amount of IHT that needs to be paid and the only way is for the property to be sold, however reason might depart and the estate needs to be protected from problems with him vacating the property when a buyer is found.
Also he, as an individual, needs to be protected (so he doesn’t voluntarily vacate the property and then have difficulty in the situation (hopefully unlikely) that he needs to apply for social housing).
He will need to be given notice to vacate the property. However in the event that he ignores this notice and remains in the property, how do we recover possession of the property? Is the procedure that of s21 LTA accelerated possession proceedings, or is it something else?
Gedye & Sons