We’d like to remind Forumites to please avoid political debate on the Forum.

This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.

📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

Repairs to a house in probate?

Hi,
I'm hoping someone out there might have an answer to this question.

I'm a joint executor for a will which includes a house; we are still in the process of sorting out the paperwork before applying for Probate. The house is being left jointly to two beneficiaries, separate from the beneficiaries of the residue of the estate (the final pot of money, as I see it).

The neighbour next door to the terraced house has found damp problems connected with the adjoining roof line of the two houses, and is keen to get on with sorting the problems out. I can also see cracks in the render on the outside wall, and pointing that needs repairing in the chimney stacks.

As executor, I understand it is also my responsibility to maintain the house for the beneficiaries. Will I have to pay for these repairs myself before Probate is granted, but should it then be possible to claim that money back from the capital in the Estate? Or if the work takes longer than it takes to achieve Probate, can the repair bill just be deducted from the residue of the Estate?

Thanks in advance :)

Comments

  • Biggles
    Biggles Posts: 8,209 Forumite
    1,000 Posts Combo Breaker
    You could suggest to the two beneficiaries that they sort it out.

    Probate will only take six weeks max, then it will be theirs.
  • Biggles
    Biggles Posts: 8,209 Forumite
    1,000 Posts Combo Breaker
    andrew-b wrote: »
    For example if it's being left to a family member who has very little capital to pay for the repairs you might want to get the repair done first out of the money pot.
    If it should turn out to be an expensive job, those who are receiving the 'final pot' might not be too keen to pay for someone else's asset to be maintained. I know I wouldn't be.

    Best to play for time, then it's not your problem.
  • Leif
    Leif Posts: 3,727 Forumite
    Biggles wrote: »
    If it should turn out to be an expensive job, those who are receiving the 'final pot' might not be too keen to pay for someone else's asset to be maintained. I know I wouldn't be.

    Best to play for time, then it's not your problem.

    And I wonder if it would be legal? After all, the will has left the house to Pinky and Perky, but the residue to Bill and Ben, is it correct to spend some of the residue on the house upkeep?

    I was recently looking for a house to buy, and one I saw was a lovely two bed bungalow with a nice big garden in a nice area. But there was a hole in the roof about the hallway, and on entering the smell of damp was everywhere, and floors had been lifted because they were rotten. The owner had been carted off to a home, and then died, and while in the home the house had suffered. The solicitors who acted as executors could have repaired the roof sufficiently to prevent further rain entering for a pittance, or even put plastic sheeting one, but they didn't. Something to do with not being able to spend money on the house!
    Warning: This forum may contain nuts.
This discussion has been closed.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 352.5K Banking & Borrowing
  • 253.7K Reduce Debt & Boost Income
  • 454.5K Spending & Discounts
  • 245.5K Work, Benefits & Business
  • 601.5K Mortgages, Homes & Bills
  • 177.6K Life & Family
  • 259.5K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16K Discuss & Feedback
  • 37.7K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.