Household staff in the context of probate: part three – general considerations

The aftermath of the death of a high- or ultra-high-net-worth individual can be incredibly difficult at the best of times; the family will be coming to terms with their loss, and there will often be highly complex and urgent legal matters that need to be addressed.

Our earlier briefing notes considered some of the key issues that can arise when the deceased employed professional and/or household staff – both from an employment law perspective and in relation to property law.

This briefing considers other important matters for the deceased’s Personal Representatives (PRs) to be aware of, in circumstances where the Deceased’s estate comprises UK residential property and/or employed staff.

Background

By way of reminder, it is the PRs’ responsibility to take control of the Deceased’s assets, settle liabilities and distribute the assets in accordance with the terms of the Will (or the intestacy rules, if there is no Will). Critically, they must take active steps to prevent loss arising to the estate.

Residential properties – security and insurance

The PRs should consider changing the locks, particularly if the Deceased employed numerous people at one or more properties. If the PRs intend that someone will remain at the property (or properties) pending a sale, that person will be entrusted with new keys and will often be responsible for being the first port of call for third parties dealing with the property and its contents; for example, specialist agents dealing with an off-market sale and professional valuers.

Insurance providers and the local authority will need to be notified of the death and whether the property will remain occupied. It may be that the insurer requires permanent occupation for cover to continue. If so, the PRs should consider whether it is worth asking an employee to remain at the property or whether house sitters would be more appropriate. The decision may turn on (or at least be influenced by) the employment and property law issues covered in our earlier notes. In any event, the PRs should ensure that they update the Deceased’s buildings and contents insurance so that it remains in place for the duration of the estate administration, until the property sold or it passes to the beneficiary or beneficiaries of the Deceased’s estate.

Personal items

The PRs must value the Deceased’s assets and report their value to HMRC. This includes all personal items, wherever located. If it is anticipated that the Deceased’s employee(s) may remain in property owned by the Deceased, the PRs should consider updating codes to any safes. It is important to note that banks and professional firms will not usually agree to store the Deceased’s personal items but, assuming the PRs maintain full insurance cover, these items could remain at the property.

If certain personal items are of high value and/or of emotional significance to the Deceased’s family and friends, the PRs (or those individuals, as appropriate) should consider taking photographs of the items and removing them from the house until they need to be valued. At that stage, they can arrange for the valuer to have sight of the items if required.

Pets

The PRs are responsible for ensuring that the Deceased’s pets are cared for. This responsibility may be delegated to an employee if it has been decided that they will remain employed by the PRs. Pets cannot be the subject of a gift in a Will, but the Deceased may have expressed the wish that the pets be given to a particular person and the PRs should, if possible, help the family to fulfil that wish.

Technology

If the Deceased owned mobile phones, laptops and other electronic devices that remain at the property, there may be security concerns (particularly if the property remains occupied or the devices contain high-value information). The PRs are responsible for safeguarding data, and we are experienced in arranging secure electronic transfer of information.

Seeking legal advice

It is important to note that these are just a few points which may arise in connection with employees and property occupation following a death. It is therefore important that PRs seek bespoke legal advice as to their responsibilities, so that potential issues can be pre-empted and dealt with efficiently. Please contact Amy Newhall, Richard McDermott or your usual contact at Farrer & Co if you require further information.

This article is part of a series of insights. Read more below.

• Household staff in the context of probate: part one – employment
• Household staff in the context of probate: part two – property

This publication is a general summary of the law. It should not replace legal advice tailored to your specific circumstances.

© Farrer & Co LLP, August 2025