Last week I had an interesting problem that needed to be solved before a transaction was ready to exchange and complete.
The facts briefly were:-
a) The occupant is in the property and is there rent free for seven months
b) The occupant was the survivor of a co habiting couple who were not married
c) The deceased partner did not leave a will and the executor was one of the deceased surviving children
d) The executor was selling the property to a third party and the surviving partner was to sign a tenancy agreement so that the sale was able to proceed
e)At the last minute the partner refused to sign any agreement and demanded a payment to leave

I was able to resolve the matter enabling the sale to proceed howver the questions are:-
i) Did the surviving partner have any claim against the deceased estate
ii) Did the surviving partner have any claim to rights of occupation in the property
iii)Can the surviving partner remain in the property without signing a tenancy agreement
iii) Can the surviving partner claim any monies from the deceased estate
If you wish to comment please feel free to post

The executor as you can imagine was delighted to have the matter sorted so that they can now account to the beneficiaries entitled to the share of the deceased estate