Personal representatives - grant of a tenancy-at-will

[Barquentine]

Can PRs grant a tenancy-at-will (or even an assured shorthold tenancy) while they deal with administering an estate and before they get round to dealing with a sale of the deceased's house?

[Barmaid]

Subject to there being no restriction imposed by the will, yes. Generally, real property is left on trust for sale with power to postpone sale without being liable for loss.

A slightly odd technical point though is that the executor named in the will can do anything before the issue of the Grant, since the will confers the authority and the Grant confirms it. Administrators on the other hand have their authority to act when the Grant issues since it is that which confers their authority.

[Barquentine]

Thank you Barmaid.