House clearance issue

Sacredcat

Deleted post.

Yorkshireman99

Sacredcat wrote: »

Hi all
I am Exec of an estate.

I cleared possessions from the estate's property.

Some possessions were property of a beneficiary who lives abroad. I put these in my shed.

The beneficiary lives abroad.

To send the things abroad will cost money, e.g. Paying a company to take them.

The beneficiary would only have money to pick up the things at time of distribution. TBH this would cause an awkward situation as I don't want this person in my house after the way they behave to me (abusive).

If I send things abroad, this is not an expense of the estate, IMO, as it's more the beneficiary's responsibility.

Do I ask the beneficiary to cover the cost, before I distribute, deduct it, then distribute?

The cost of sending the things with a company is probably same as putting them in our car, paying for a ferry/Eurostar, and petrol. But, we would then get a trip to a warm area of Europe. Is that allowed?

I assume you mean that the items are not part of the estate? If you are not prepared to let them collect why would you want to deliver? If so as executor you have no obligation to deliver them to the owner. It is up to the to arrange collection. I suggest you tell them to arrange a courier at their expense. You certainly could not legally claim for delivering them.

Tuesday_Tenor

Could you clarify:

Were the items previously the property of the deceased, and have been bequeathed to the overseas beneficiary in the will?

Or

Have the items always belonged to the overseas person and were stored at the deceased's home? (This person also happens to be a beneficiary of the estate you're dealing with, but that's not really relevant).

getmore4less

Clarifying the ownership trail will help.

Ask the owner/beneficiary when they will be collecting as they will need to go into storage at their expense.

They do not need to go to your property to do the collection there are other ways to do that(you have moved them once). .

Sacredcat

The items belonged to beneficiary, their old clothes and car parts, etc. they were not the deceased's things. Beneficiary left things and went away.

Tuesday_Tenor

Sacredcat wrote: »

The items belonged to beneficiary, their old clothes and car parts, etc. they were not the deceased's things. Beneficiary left things and went away.

In that case the costs of collection are to be borne by the owner.

Do they still want the items? If not, get that in writing/ e-mail so that you can get rid of them.

Yorkshireman99

Sacredcat wrote: »

The items belonged to beneficiary, their old clothes and car parts, etc. they were not the deceased's things. Beneficiary left things and went away.

In which case you have no obligation to send them. You can give the owner a reasonable time to arrange for them to be collected, say three months, after which they will be disposed of. In the mean time you are obliged to take reasonable care of them. Storing clothes in a shed where they may deteriorate can make you liable for any loss in value. Of course if they have little second and worth then this would not matter. You don't need to let them into your house to collect them but they are entitled to collect them.

Sacredcat

The clothes are old and dirty anyhow. Being in the shed isn't changing the condition of the items. The shed is quite nice and clean. The clothes are in a suitcase.
The beneficiary can't collect or do anything now as they have no money at all. No job, no benefits. I don't want to impose a time limit for collection as the beneficiary has no money to organise anything. She makes her life into everyone else's problem. E.g. Blames others for the fact she has no money, hence the hostility to me, as if it's my fault.
I will have to press on with this issue just before distribution as then the beneficiary will be about to have money.

Thanks for the advice.

Yorkshireman99

Sacredcat wrote: »

The clothes are old and dirty anyhow. Being in the shed isn't changing the condition of the items. The shed is quite nice and clean. The clothes are in a suitcase.
The beneficiary can't collect or do anything now as they have no money at all. No job, no benefits. I don't want to impose a time limit for collection as the beneficiary has no money to organise anything. She makes her life into everyone else's problem. E.g. Blames others for the fact she has no money, hence the hostility to me, as if it's my fault.
I will have to press on with this issue just before distribution as then the beneficiary will be about to have money.

Thanks for the advice.

All noted. When you are able to distribute the estate then you can offer her the choice of collection or being sent using a commercial carrier at her expense which can be deducted from her legacy. Legally you can impose a time limit so you don't have to look after the goods for ever so make it clear in writing that she cannot let it drag on for ever. Sadly being hard hearted is the only choice.