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Thread: sitting tenants- inheritance question

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  1. #1
    jj19's Avatar

    Junior Member

    Jun 2013
    0 Post(s)

    Default sitting tenants- inheritance question

    hi Forum
    6 months ago a relative passed and i have been informed (non formally but via family members) that due to there not being a will i am part beneficiary to the estate along with four other parties.

    Forming the estate is a large house of which part was being rented out to tenants, however it transpires that this was an informal arrangement with the tenants offering a "donation" rather than paying rent directly and without any binding contracts.
    I have been informed the main house is in rather bad shape and is full to the brim with junk and paper etc - my relative was rather eccentric.
    I am concerned that there is issues with heath and safety on site, fire hazards etc that we as beneficiaries will be liable for should anything untoward happen to the tenants during their occupancy.
    I would like to ascertain my exposure.

    Also that this property is in Guernsey i am a little at a loss in finding out precisely where i stand.
    I will add that to this date i have not received any formal paperwork stating my position as the situation is rather complex between family members
    One family member had declared themselves administrator, yet this has not been formally agreed between the other parties and is clearing the house and intends to charge the estate for their time in doing so.
    It all seems a little rough-shod but that is probably another question.. or ten
    many thanks in adv

  2. #2
    des8's Avatar

    VIP Member

    Mar 2013
    471 Post(s)

    Default Re: sitting tenants- inheritance question

    Guernsey rules are quite different to UK.
    you may need to ask a local lawyer , but tagging @Peridot as she may have some ideas

  3. #3
    Peridot's Avatar

    Legal Admin

    May 2016
    161 Post(s)

    Default Re: sitting tenants- inheritance question

    Hi jj19,
    Really not sure of the Guernsey laws, they are very different from England/Wales laws and often more akin to French laws, particularly with succession rights to property. I was going to give you a whistle stop tour of the Eng Wales rules but I don't think this will help you at all and may actually confuse matters further. I really think you need some advice from a Guernsey law specialist on this one.
    Was your relative living over in Guernsey?
    I suspect it is the administrator (who will be applying for the Grant) that will be responsible for the property and any issues with it, until it is sold or transferred but you need this confirming.
    Under English law, any beneficiary under the intestacy rules can be the administrator and apply for the Grant. If the person who seems to be dealing with the property etc lives in Guernsey and they are entitled to apply for the Grant etc then it may be sensible to let them get on with it. Logistically it could be difficult for a relative living on mainland UK to deal?
    Sorry I can't give you any further pointers on this. Even the Guernsey gov't pages are pretty unhelpful I'm afraid although you may find a useful link. Here's the site anyway:
    I am a qualified solicitor employed by the LegalBeagles forum to provide guidance on a wide range of legal queries. I am happy to try and assist informally, where needed.

    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any practical advice I give is without liability. I do not represent people on the forum.

    If in doubt you should always seek professional face to face legal advice.

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