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PERSONAL REPRESENTATIVES AND POSSESSION CLAIMS

A brief look at the options available to PRs when faced with unlawful occupation of the deceased’s home pending realization and / or distribution of the estate. Introduction Three times this year I have been involved in claims for the possession of the deceased’s home when, against the wishes of the PRs, family members who were also beneficiaries of the deceased’s estate have remained in possession of the house after the deceased’s death. In all three cases, Part 8 claims were originally brought against the beneficiaries under section 14 of The Trusts of Land and Appointment of Trustees Act 1996 (‘TLATA’) for possession and an order for sale. Unfortunately this is the wrong legal basis for t

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