Last Updated on 17th April 2026
What is the legal position when inheriting a property with someone living in it?
A question that our contentious probate team gets asked on a regular basis is, What is the legal position when inheriting a property with someone living in it? If you need guidance on this issue, then call our free legal helpline on 0333 888 0407 or send us an email.
It is common for property that is left to a beneficiary under a Will to already be occupied.
The legal position can become complicated in these circumstances, especially where the occupier has a tenancy agreement or there is a trust in place. Sometimes the Will itself may specify the terms upon which someone may remain living in the property. One common scenario is where a someone has been granted a life interest, which means they are entitled to remain living in the property for the remainder of their life.
Another potentially problematic scenario is where the person living in the property is themselves a beneficiary under the Will and they wish to keep the property, while the other beneficiary wants to sell it. Sometimes these disputes can be resolved by one beneficiary buying out the interest of the other beneficiary, with an independent valuer setting a fair market price.
However, if the parties cannot reach an amicable agreement, then it may become necessary to involve the courts. Courts have the power not only to make a possession order but also to grant an order for sale.
Claims for ‘occupation rent’ can be made against someone who continues to live in a property while matters are being resolved. The value of the ‘rent’ they should pay for occupying the property is usually assessed on a market rate basis. However, if the party has legal rights in relation to the property, then those rights will be taken into account when determining how much they should pay.
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