A single named owner has passed away and pitch fees, amongst other charges, are accruing, but who do you pursue for the debt?
Inheritance laws in the Mobile Homes Act
The Mobile Homes Act 1983, as amended, lays down the rules governing inheritance of the benefits and burdens of an agreement entitling a mobile home to be stationed on a park.
- Single owner and occupant - If the single named owner passes away it is important to establish whether they were occupying the mobile home as their only or main residence at the time of their death. The rules on inheritance of the Agreement, as well as the mobile home, only apply where this is the case.
- Owner and the spouse or family member - If the named owner and their spouse or family member was living with the home owner at the date of their death then they are likely to approach the park owner to arrange for the Agreement to be transferred into their name.
Is there a Will?
If the resident was living alone you may need to enquire into whether the deceased had made a will leaving the home, and therefore the benefits and the burdens imposed by the Agreement, to a beneficiary. In the absence of a will the intestacy rules will apply and any surviving family members may have inherited the Agreement by operation of the law.
Find out more
For further help or support please contact our specialist Parks team who will be happy to provide bespoke advice and guidance.
