We're aware that some users are experiencing technical issues which the team are working to resolve. See the Community Noticeboard for more info. Thank you for your patience.
📨 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!

Life tenant and executor legal expenses questions

Options
Just 2 questions which I am hoping someone can answer with certainty.
Should a life tenant under UK law be responsible for paying the mortgage payments of the property they are staying in, if the mortgage is interest-only? I understand that they are responsible for bills/repairs etc but should this also include the interest-only mortgage payments?
Lastly, I am undertaking legal procedings against the executor of an estate for mismanaging the whole probate stuff and causing the other trustees of the estate financial loss. This executor is intending to pay for his legal defence with money from this estate. The case hasn't gone to court yet and nothing official has been instituted against him yet, nor official accusations. The question is, can he rightfully take out money from the estate to pay for his legal defence expenses? It's the trustees/beneficiaries of this estate (of which he isn't one of these) who are taking him to task over his mismanagement etc. And if we lost our case against him, could he claim his expenses from the estate funds?
many thanks in advance
«13

Comments

  • Keep_pedalling
    Keep_pedalling Posts: 20,762 Forumite
    Tenth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 13 June 2016 at 3:44PM
    I don't honestly see how having a lifetime interest on a mortgaged property could work. The person with the interest should certainly not be paying a mortgage that will in the long run will benefit someone else. I think the mortgage company would be reluctant to continue the mortgage either.

    The only way round it I can see is for the house to be sold and a smaller property perchased with the equity.

    As for the legal case if you lose then the costs will either come out of the estate or from you personally, so I would be very careful before thanking what could be very expensive action.
  • unforeseen
    unforeseen Posts: 7,382 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    Surely if there is an outstanding mortgage then unless the lender is willing for somebody else to take responsibility for it then, if it can not be paid off using other assets of the estate, it needs to be sold to clear the debt. Consequently the life interest clause will fail.
  • Mojisola
    Mojisola Posts: 35,571 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Should a life tenant under UK law be responsible for paying the mortgage payments of the property they are staying in, if the mortgage is interest-only?

    How has the executor completed the estate work without repaying the mortgage debt?
  • Keep_pedalling
    Keep_pedalling Posts: 20,762 Forumite
    Tenth Anniversary 10,000 Posts Name Dropper Photogenic
    This sounds horribly like an incompetent testator appointing an equally incompetent person as executor. I feel for the poor person who may end up homeless because their partner was inconsiderate enough not to cover the mortgage with life insurance.
  • It's a very long story but the testator had an insurance policy that was supposed to cover off the remaining mortgage. As we couldn't find it, the executor decided that the life tenant could take on the remaining mortgage (interest only) but the other beneficiaries had to pay for these mortgage payments. The life tenant's name is now on the title deeds as 56% owner. She also has the mortgage in her name now.The beneficiaries are contesting that they should have 100% of the property and that they should not have to pay back this mortgage (which is what is to happen when the life tenant leaves the UK for more than 12 months or dies). The life tenant did not buy this property and her name was never on the mortgage previously. She is wealthy enough to afford to pay the mortgage on her own for certain. So the question is, are the beneficiaries right to state that they should not have to pay this mortgage is if's interest-only? Are life tenant's responsible for rental/interest-only mortgage payments?
    Re the executor - if he wins or loses, surely he is not entitled to take out money from the estate to pay for his defence/legal expenses when he is being accused of mismanagement by the beneficiaries leading to financial loss for them? legal proceedings against him haven't started yet, but he is already claiming £2K in legal advice costs becuase he received a letter from another solicitor requesting standard info about the probate.
  • Yorkshireman99
    Yorkshireman99 Posts: 5,470 Forumite
    It's a very long story but the testator had an insurance policy that was supposed to cover off the remaining mortgage. As we couldn't find it, the executor decided that the life tenant could take on the remaining mortgage (interest only) but the other beneficiaries had to pay for these mortgage payments. The life tenant's name is now on the title deeds as 56% owner. She also has the mortgage in her name now.The beneficiaries are contesting that they should have 100% of the property and that they should not have to pay back this mortgage (which is what is to happen when the life tenant leaves the UK for more than 12 months or dies). The life tenant did not buy this property and her name was never on the mortgage previously. She is wealthy enough to afford to pay the mortgage on her own for certain. So the question is, are the beneficiaries right to state that they should not have to pay this mortgage is if's interest-only? Are life tenant's responsible for rental/interest-only mortgage payments?
    Re the executor - if he wins or loses, surely he is not entitled to take out money from the estate to pay for his defence/legal expenses when he is being accused of mismanagement by the beneficiaries leading to financial loss for them? legal proceedings against him haven't started yet, but he is already claiming £2K in legal advice costs becuase he received a letter from another solicitor requesting standard info about the probate.
    This sounds very confused. How can the life tenant have got a mortgage on a property they don't own? The executor is entitled to defend any action against them and if the costs may come out of the estate. Likewise if the executor has reasonable grounds for taking professional advice then that is a legitimate expense chargeable to the estate.
  • The ownership of the property was changed in a deed of variation to allow the life tenant to own the place and thus have the mortgage in her name. It really doesn't seem right that the executor can claim his expenses from the estate when he is being accused of mismanagement of the estate. Is there a law to state that the executor can claim funds for such a reason from the estate? I thought they could only claim reasonable expenses.
  • Yorkshireman99
    Yorkshireman99 Posts: 5,470 Forumite
    The ownership of the property was changed in a deed of variation to allow the life tenant to own the place and thus have the mortgage in her name. It really doesn't seem right that the executor can claim his expenses from the estate when he is being accused of mismanagement of the estate. Is there a law to state that the executor can claim funds for such a reason from the estate? I thought they could only claim reasonable expenses.
    If the DOV transferred ownership to the life tenant that was surely in breach of the will. A life tenant simply has the right, subject to certain conditions, to life in the property for life. At no point do they own the property. An executor can claim reasonable expenses. If an executor genuinely needs to pay for legal advice then the estate must pay. If an executor is sued and has acted unreasonably they are personaly liable for the consequences.
  • Yes I agree - it certainly seems like a breach of the will which is what the executor is being accused of. When you say if 'an executor genuinely needs to pay for legal advice..', - if he is being sued, does this constitute a genuine need and should the estate foot his legal bill?
    thanks
  • Keep_pedalling
    Keep_pedalling Posts: 20,762 Forumite
    Tenth Anniversary 10,000 Posts Name Dropper Photogenic
    Did all the effected benificiaries sign this DoV?
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
  • 350.9K Banking & Borrowing
  • 253.1K Reduce Debt & Boost Income
  • 453.5K Spending & Discounts
  • 243.9K Work, Benefits & Business
  • 598.8K Mortgages, Homes & Bills
  • 176.9K Life & Family
  • 257.2K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.1K Discuss & Feedback
  • 37.6K 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.