Post-Death Occupation of Estate Property - Legal Risks, Duties & Practical Solutions

Introduction

Disputes over who occupies a deceased person’s home are becoming increasingly common, creating significant legal and practical difficulties for estates, particularly where the family home is the most valuable asset involved.

These challenges are further complicated by recent changes under the Renters’ Rights Act 2026, which will convert most assured shorthold tenancies into assured periodic tenancies from 1 May 2026. As a result, legal practitioners must navigate an evolving framework when advising on post-death occupation and vacancy of estate property.

This new virtual classroom seminar provides essential guidance on managing these issues effectively, including the duties and responsibilities of personal representatives, how to handle occupation of estate assets and how to identify early warning signs that may expose the estate or personal representatives to risk.

Register today to strengthen your understanding of post-death property occupation and ensure you are equipped to minimise risk and manage estate property confidently and correctly.

What You Will Learn

This live and interactive course will cover the following:

• Personal Representatives - roles and duties
• Rights of occupancy following death
• Practical considerations, including:
• Family members or cohabitants in occupation
• Beneficiaries occupying the property
• Management of vacant properties
• Procedures for obtaining vacant possession
• Potential claims arising on death of the property owner, including:
• Established property interests, including proprietary estoppel
• Resulting and/or constructive trusts
• Claims under the Inheritance (Provision for Family and Dependants) Act 1975
• Common issues and disputes, including:
• Delays in obtaining Grants of Representation
• Delays in marketing and sale of the property
• Occupation rent and mesne profits
• Property damage and/or deterioration
• Disputes over chattels

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.