Being a landlord is a tricky business. There are so many legislative hoops to jump through that it may feel like the law is trying to catch them out.

The Inheritance (Provision for Family and Dependants) Act 1975 allows specific people to bring a claim against the estate of someone where they believe the will or the rules on intestacy fails to make reasonable financial provision for them. 

At the start of the year, I predicted that the long-promised bill on rental reform could finally emerge early this year. The publication last week 9 February 2023) of a House of Commons report does perhaps mean that prediction may have been a little optimistic.

Over a year after the case was first heard, the Supreme Court has finally handed down its decision in the much-reported case, involving the problems caused by the Tate Modern’s viewing platform, and its proximity to the glass-fronted residential flats next door. And it makes for interesting reading.

A Grant of Probate is a grant obtained from the Probate Registry, providing the executors with legal authority to administer the deceased’s estate in accordance with their will or intestacy.  

The Inheritance (Provision for Family and Dependants) Act 1975 provides a right to any individual treated as a ‘child of the family’ to bring a claim under the deceased’s estate.

Whether you are married or in a cohabiting relationship, the family home is generally the most important family asset. In either situation, if you jointly own a property, there are steps your spouse or partner can take to force the sale of your home and the Court has the ultimate power to force the sale of the property.

The Inheritance (Provision for Family and Dependants) Act 1975 allows the Court to use their discretion to provide reasonable financial provision when a Will, or rules of intestacy, fail to do so.

The pandemic has previously prevented commercial landlords from forfeiting a lease by peaceable re-entry due to rent arears as a result of the Coronavirus Act 2020 (“the Coronavirus Act”). However that situation has now changed due to the Commercial Rent (Coronavirus) Act 2022 (“the Act”).

When a loved one dies, it will be distressing to learn that their Will did not sufficiently provide for you. This may be because of the size of the estate, the gift, or whether or not the person died without a Will.  There are often complicated circumstances.

It is always best to ensure you have a carefully drafted, and updated Will setting out what you would like to happen to your property and effects when you die. The law protects your decisions in most cases but this can provide some inflexibility in the way your estate is handled. Equally, if there is no Will, the intestacy rules can result in undesirable consequences.

Following our recent insight on the Inheritance Act and Minor Children, this insight moves onto another category of claimant under the Inheritance (Provision for Family and Dependants) Act 1975 (“Inheritance Act”) - adult children.