Evicting a beneficiary

This is a real-life case study in which we acted for an executor in evicting a beneficiary from a property owned by an estate.

Our client was the executor of his father’s estate.  Under the terms of the Will, he was legally obliged to call in all of his dad’s assets, sell them where necessary, and distribute the proceeds between himself and his three siblings.  The main asset of the estate was dad’s house but at the time of his death, our client’s sister and her child were living at the property. He asked her to vacate the property voluntarily but she refused to do so.  

At one point, our client thought his sister had left as she failed to respond to any messages and wasn’t answering the door.  Neighbours had not seen her or the child for a long time and it was evident that post was piling up.  He used his key to access the house. The property looked like it had been ransacked and as it was evident that no one was in occupation, he changed the locks.  

However, his sister subsequently returned, having been away for a few months visiting family and, not being able to gain entry, she broke into the house and changed the locks again.

Executors have a legal obligation to distribute the assets of an estate as soon as is reasonably practicable and ongoing delay could mean they face a claim for failing in their duties.  We were therefore consulted about the law on evicting a beneficiary from property owned by an estate.

Although the sister had been living at the premises, no payment had ever been made for occupation. She was not therefore a tenant, and we advised our client that in law she would in fact be considered a trespasser.  We served her with an appropriate ‘notice to quit’ and thereafter, issued court proceedings for recovery of the house.  She did try to defend the claim, saying there was nowhere she and her son could move to, but she was not successful.

Our client was therefore able to obtain possession of the property and finally wind up the estate.  Not only that, but his sister was ordered to pay the costs of the court proceedings out of her share of the inheritance.

For expert guidance on evicting a beneficiary from a property owned by an estate contact our free legal helpline.

Call us on 0333 888 0404 or send details by email to [email protected]