My Dad has died leaving a total estate of approx 16 thousand pounds and no will. Do I need to arrange for my Mum to be appointed executor dative through the Sheriff Court? Does she need to obtain Confirmation? As far as I am aware no bank has asked for Confirmation. Mum and Dad lived in rented accomodation and the lease was in Dad's name. It was originally granted in 1977 on an annual basis that was renewed by letter each year. This practice stopped after only a couple of years. Is my Mum protected by law to continue as the 'new' tenant?Many thanks for your help
Your dad's estate is a small estate. You don't have to have your mother confirmed as Executor, although, the bank is still entitled to ask for confirmation. Therefore, if the bank asks you may have to.
The tenancy is likely to be a regulated tenancy under the Rent Act. It is impossible to say for sure without examining the documents. However, it is very likely that your mother has the right to succeed the tenancy. This is a very complex issue. If you have any difficulty with the Landlord you should contact a solicitor.
However, Regulated tenancies do not crop up very often. You may struggle to find someone who knows this area of law. You could also try the shelter free advice line on 0808(NNN) NNN-NNNN
Hope this helps
LLB, Dip LP
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