Licensee of Trustees/executors

Carraig95

Can anyone explain in their opinion what a 'licensee of Trustees/executors' is?!

If someone was to receive a letter from a solicitor saying that they should sign a letter which says 'I am a reisdent of a certain property as a licensee of Trustees/Executors' should they do so?!

Would there be any ramifications for the said person considering the property would for example be left to a group of adult children?!

234

In the context of occupying a premises, a licence is a permission to remain there. However, it can be revoked, usually with little notice, by the licensor and the licensee has no proprietary rights or interest in the property in question.

This may be complicated if the property in question formed part of an estate.

People should be very carful about signing such documents (regardless of the courts' approach to the lease v licence question) and would be well advised to seek professional assistance.

nuac

Agree with 234.

Can be a lot of confusion - fact that a document is described in the recitals as a licence does not prohibit it being construed as a lease and vice versa.

Actual intention of the parties at the time important.

Fertile area for litigation

Carraig95

Thanks for that.

Yes the property is part of a deceased parents estate left to a number of adult siblings, two of who are living there. There is no lease (as it is the family home) and no rent being paid as the house is held in Trust until the end of the year. Could signing a form such as this potentially waive any rights to said person's share of the estate?

I am definitely going to seek professional legal advice on this but wanted to get a bit of a heads up before I go in.

Milk & Honey

Carraig95 wrote: »

Thanks for that.

Yes the property is part of a deceased parents estate left to a number of adult siblings, two of who are living there. There is no lease (as it is the family home) and no rent being paid as the house is held in Trust until the end of the year. Could signing a form such as this potentially waive any rights to said person's share of the estate?

I am definitely going to seek professional legal advice on this but wanted to get a bit of a heads up before I go in.

It is simply an acknowledgement that occupier doesn't have a direct interest in the property. It has no implications for the estate other than for reassurance to the non resident family members that they are not going to lose out at the end of the trust. Independent legal advice should be obtained. By independent I mean a solicitor other than the one acting for the executor should be consulted.

Carraig95

Thanks for that!

Obtained legal advice yesterday from solicitor and was informed that the occupier (who does have a quarter share in the property) should not sign any letter stating that the they are a licensee of the executor. Reason being that, while it cannot affect the occupier's quarter share to the estate when it is transferred from Executor to the siblings next year, the license can be revoked by the executor with relative ease at any time resulting in a possible process of eviction.

Basically, as only one of the two siblings residing in the house received a letter requesting they become a licensee, there is clearly some form of vendetta so was advised to ignore letter.