Jurisdiction(s):
United Kingdom

Key definition

Estate definition

What does Estate mean? In practice, “estate” describes either: (1) the nature and duration of a person’s proprietary interest in land; or (2) the aggregate property of a person, commonly on death or bankruptcy. England & Wales and Northern Ireland: An estate in land denotes the time-based interest, not the land itself. Statute and case law limit legal estates primarily to freehold (fee simple absolute in possession) and leasehold (term of years absolute), with other interests (for example, life interests and beneficial interests under a trust) arising in equity. This concept underpins conveyancing, security, priorities and land registration. Ireland: Under the Land and Conveyancing Law Reform...

Executor: grant needed for notices and possession of let property?

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Q&As

This Q&A is relevant where there is no surviving joint owner of the property

Where a joint owner survives, they can take all steps needed to obtain Possession. In the absence of a surviving co-owner, an executor’s role is to put into effect the instructions left by the deceased in their Will. Ordinarily, to implement those provisions, the executor will first marshal the Estate, then meet what is owed, and finally distribute what remains to beneficiaries in line with the Will’s terms.

Gather in all assets;
Settle the Liabilities; and
Distribute the Estate’s proceeds as provided by the Will.

To facilitate this, the executor must be recognised as legitimate, which is achieved through a Grant of Probate. Save where the estate is straightforward and of minimal value (usually under £5,000), a grant will be needed to secure the release of funds from banks and other institutions. Even so, the executor’s authority stems from the Will itself; the grant of probate merely formalises that authority and enables the executor’s signature to be accepted in place of the deceased’s...

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Chris Bryden

4 King’s Bench Walk

Chris was called to the Bar in 2003 and since that time has built a busy practice across a range of areas, with an emphasis on Chancery practice. He enjoys a well-deserved reputation for his knowledge and expertise in each area. He appears regularly in the County Court, Family Court and the High Court as well as various specialist Tribunals, and has been involved in cases up to and including the Supreme Court. He regularly is instructed at Appellate level. He has extensive and wide-ranging experience particularly in the areas of wills, probate and inheritance disputes; property including adverse possession, boundary disputes and issues arising out of trusts of land; company and commercial work and financial remedies. Chris is head of the Family Group and head of the Property Team at 4KBW.Chris is the author of numerous articles in...

Web page updated on 27/05/2026

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