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Posted Tue, 24 Sep 2024 06:59:11 GMT by Kevin Hall
Dealing with my fathers estate as Executor, and therefore acting as his Personal Representative, we have come across a Lease on a property which he does not own (but previously did) where he is the Lessee on a separate 40yr Lease on the property (put in place instead of a Deed of Trust apparently).

A clause in the Lease states:

“THE demise may be terminated only by one months notice by the Lessees or their Personal Representatives to the Lessor”

In this case, with this specific clause, as his Personal Representative, can we serve notice to cancel of the Lease without Probate being required?
Posted Tue, 24 Sep 2024 08:08:33 GMT by Adam Hookway
Kevin - unlikely as it's probate that in effect makes you the personal rep. To prove that you are the personal rep you would therefore need probate. Personal reps is the collective term for executors and administrators: the person(s) to whom a grant of representation has been made by the Probate Registry following the death of a proprietor
I should stress though that how the lease is legally determined and what the recipient receives etc is not within our remit
Any application to cancel a noted lease would be made using form CN1 plus supporting evidence as appropriate. 
See Leases: determination (PG26) - GOV.UK (www.gov.uk) also
Posted Tue, 24 Sep 2024 08:15:38 GMT by Kevin Hall
Ok thanks, was just a follow up to yesterday and a clutching of straws to speed up the process. Shame that of all the things required, this is such a small technicality which shouldn’t have happened in the first place which involves the same process as highly complicated estates. I can sort all matters, banks, shares, utilities etc etc as Executor without Probate but Sort this. Probate has now been requested solely for this purpose.

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