Tenant has died with no will and difficulties with next of kin

by Readers Question

10:53 AM, 7th January 2015
About 4 years ago

Tenant has died with no will and difficulties with next of kin

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Tenant has died with no will and difficulties with next of kin

Please has anyone got any advice for me on how to get permission to clear out a property. One of my tenants has died and her adopted son has found out he is not next of kin and may only be fostered now and has been told he can’t authorise anything to be done.

The tenants niece who was down as next of kin on her application form thinks the son should authorise it and not her. We can’t find a will either so the property has been left exactly as it was when she passed away.

Any advice ?

JulieRIP



Comments

Neil Patterson

11:02 AM, 7th January 2015
About 4 years ago

It sounds like the niece may be your best bet and if you can get her to check this .Gov site as a starting point for investigating getting probate if it is needed as she is quite probably the beneficiary - https://www.gov.uk/wills-probate-inheritance/overview

Is the estate worth much?

Julie Dawson

12:27 PM, 7th January 2015
About 4 years ago

Hi Neil, I've spoke to the niece and she doesn't think she is the beneficiary as the tenant had another two nieces and a brother (although they had very little to do with each other/if anything). I think a lot of this boils down to "can they be bothered to sort it". The son fell out with his mam which is why she moved back up here and he's in the midlands ... its a sad situation really, no-one is taking care of this and she still hasn't had a funeral 🙁

Sam Addison

12:42 PM, 7th January 2015
About 4 years ago

If there had been a will then the executor would be responsible for paying the rent out of the estate and would have a duty to get the place cleared asap to minimise these costs to the beneficiaries. If there is in fact no will then she has died intestate and government rules will apply as regards the estate and any beneficiaries. Not an area with which I am familiar.
There may in fact be no money to pay for funeral/ongoing rent expenses etc as her pension/benefits will almost certainly stop on the date of her death. In this case I doubt you can get her relatives to pay rent - your tenancy agreement was with the deceased.
Perhaps you can look at getting all her stuff put into storage to free up your property.

Tessa Shepperson

12:54 PM, 7th January 2015
About 4 years ago

There is a post on my Landlord Law Blog post here on dealing with tenant death http://www.landlordlawblog.co.uk/2014/05/21/what-happens-to-a-tenancy-when-the-tenant-dies/

Reader

12:43 PM, 8th January 2015
About 4 years ago

I have been on the other end of this problem, no not dead, but could not ascertain any details of the landlord. They traced me via who registered the death. It might be worth a go, though it might go nowhere. There may be a funeral, who is conducting it, who is paying for it. I am not suggesting you attend but... All practical clues to help with the legalities.


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