Do you need probate for a park home?
A park home is a possession, not land, and the Land Registry is not involved. If a family member was living there with the person, the agreement passes to them without a grant. If the estate has to sell it, a grant is usually needed.
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The short answer
- A park home is a chattel, not land. It is not registered with the Land Registry and the usual property rule does not apply.
- If a spouse, partner or family member was living in it with the person, the Mobile Homes Act 1983 passes the pitch agreement to them. Tell the site owner; no grant.
- If nobody was living there, the home passes under the will or intestacy, and the personal representatives can sell it on the pitch or give it to a beneficiary.
- Site owners usually want a grant before a sale by the estate, as proof that the seller has authority. For a low-value home some will accept less.
- The home's value is part of the estate and the site owner may take a commission of up to 10 per cent on a sale.
Why the usual property rule does not apply
A residential park home (a mobile home on a protected site) is legally a possession that sits on land belonging to someone else. The occupier owns the home and holds a pitch agreement with the site owner under the Mobile Homes Act 1983. There is no Land Registry title and no conveyancing; ownership changes hands by delivery and by a written assignment of the agreement. That is why the automatic answer for houses ("sole name means grant") does not apply.
Succession by someone living there
The Act provides that when the occupier dies, if their spouse, civil partner or a member of their family was residing with them in the home at the time, the agreement passes to that person. They become the occupier with the same rights, and the home is theirs (if the will or intestacy also gives them the home; the statute passes the agreement, and the home itself follows under the will or intestacy, which in practice almost always agree). Tell the site owner in writing with a copy of the death certificate. No grant is needed for this and the site owner cannot require one, nor charge a commission.
"Member of the family" is defined widely: spouse, civil partner, cohabiting partner, parent, grandparent, child, grandchild, sibling, uncle, aunt, nephew or niece, and in-laws and step-relations.
Sale or gift by the estate
If nobody was living in the home with the occupier, the home passes under the will or intestacy to whoever is entitled, and the personal representatives have two options under the Act: sell the home on the pitch to a buyer who takes over the agreement, or give it to a family member who takes it over. In either case the site owner must be given notice on the prescribed form, and on a sale (but not a gift to family) may take a commission of up to 10 per cent of the price.
This is where a grant usually comes in. The site owner, and any buyer, will want proof that the person signing the assignment has authority to sell the deceased's property. For a home of any real value that means the grant. For an old, low-value home some site owners will accept the death certificate, the will and an indemnity; ask before applying. If the estate needs a grant for other reasons, the park home is simply listed among the assets.
The estate remains liable for pitch fees until the home is sold or transferred, so a home that will take time to sell is a continuing cost.
Holiday caravans and lodges
A static caravan or lodge on a holiday park is not covered by the Mobile Homes Act. It is governed by the licence agreement with the park, which usually says what happens on death: often the licence can be transferred to a family member, or the park will buy the unit back or sell it on commission. Read the agreement and speak to the park. No grant is required by law; the park's own policy decides what evidence it wants.
Common questions
Is a park home part of the estate?
Yes. Its value at the date of death is included in the estate and, where relevant, for inheritance tax. But because it is a possession rather than land, no grant is needed for a family member living there to succeed to it, and a grant is required for a sale only because the site owner and buyer want evidence of authority.
Can a park home be passed on to family without probate?
If the family member was living in the home with the occupier at the time of death, the Mobile Homes Act passes the pitch agreement to them automatically and no grant is needed. If they were not living there, the estate can gift the home to them, but the site owner will usually want to see the grant.
Does the site owner get commission when a park home is sold after a death?
On a sale to a third party, the site owner may take a commission of up to 10 per cent of the sale price, as on any sale. No commission is payable when the agreement passes by succession to a resident family member or when the estate gives the home to a family member.
Who pays the pitch fees after the occupier dies?
The estate, until the home is sold or transferred. If a family member succeeds to the agreement, they take over the pitch fees from that point.
Do you need probate for a static caravan on a holiday park?
Not by law. Holiday caravans are governed by the park's licence agreement, which usually sets out what happens on death and what evidence the park needs. Contact the park; many allow a transfer to family or will buy the unit back.
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Important
Solace is not a firm of solicitors and does not provide legal, tax or financial advice. We are an estate administration service and we are not regulated by the Solicitors Regulation Authority, the Financial Conduct Authority or any equivalent body. Nothing in this guide constitutes legal, tax or financial advice, and no solicitor–client relationship is created by reading it.
This article is general information only. It reflects the position in England and Wales at the date shown above; the law and the figures change, and Scotland and Northern Ireland differ in important respects. It may not apply to your circumstances. Whether a particular estate needs a grant is ultimately decided by the organisations holding the assets, and their limits change. Administering an estate carries personal legal responsibility, and you should obtain advice from a qualified solicitor, accountant or other regulated professional where appropriate. Always check current rates, fees and deadlines against GOV.UK before acting.