Hi forum,
Where there is a leasehold property in an estate, is it possible for an executor under a Will to sign the documentation to extend the lease prior to obtaining the grant of probate? And if so what it the statutory provision allowing this?
Thank you!
Owen Mason
Vermeylen Law
If the lessor is willing then the executor could take a new lease which he would hold as a bare trustee for the estate. The lessor is more at risk, in case the executor is not what he claims to be.
If it’s a really urgent matter, it could be done by the executor as the administrator under an
ad colligenda grant.
Tim Gibbons
Although in theory authority stems from the Will without a grant, the land registry would not accept it, and I doubt if any landlord would either.
Simon Northcott
Dear Simon
Thank you for your time with this,
Much appreciated
Owen
Dear Tim
Thank you for your time with this,
Much appreciated,
Owen