Other related questions include:
- Can you evict someone before probate?
- How to evict a family member from your property in the UK?
- Eviction after death of the owner?
- How to evict someone from an inherited house UK?
The answers to the above will depend. However, in almost every case notice will be required. It is a very bad idea to just change the locks or turn up with a few rugby mates to remove someone from property.
The answers to the above questions will largely depend on (1) how the person came to occupy the property and (2) what rights, if any, they have in the estate of the person that died.
If the person entered into the property (‘person A’) when the deceased was still alive and did not pay rent (such as a family member) then you can argue that person A was only occupying the property on the basis of a licence. Once the deceased died, that licence was terminated and their failure to leave constitutes trespass.
What if person A is a beneficiary under the deceased’s will or under the rules of intestacy? Things get a little more complicated but you can argue that they are occupying the property as a trespasser.
