Can beneficiary live in the house before probate?

Jet

I am executor to an estate which includes a property that was previously rented to tenants and is now empty.

The beneficiary would like to move in, can he do so?

Where does that leave me as executor? Could I effectively be his landlord charging a nil rent until probate is granted and the new owner can be given legal ownership.

It seems sensible that someone should be living in the property throughout the winter assuming that I am not going to be responsible for all the bills?

I assume I would still need to insure the property?

Keep_pedalling

If the beneficiary has inherited the house outright then it seems to be a sensible thing to do, and it does not make you a landlord.

If on the other hand it needs to be sold to pay other beneficiaries of IHT, then I would be reluctant to allow it as there is a risk that they might not move out when required and you would then have to evict them which could take months.

Jet

Keep_pedalling wrote: »

If the beneficiary has inherited the house outright then it seems to be a sensible thing to do, and it does not make you a landlord.

If on the other hand it needs to be sold to pay other beneficiaries of IHT, then I would be reluctant to allow it as there is a risk that they might not move out when required and you would then have to evict them which could take months.

The beneficiary has inherited the house outright and the inheritance tax comes out of the residual beneficiaries estate (mine) so he will definitely receive the house.

As executor though, I am responsible for looking after the house until probate is granted. I suppose my worst case scenario is, what happens if the beneficiary moves into the house (he's a relative I barely know) and causes some damage and then expects me as executor to fix it. Unlikely, but I'd like to know where I stand.

getmore4less

Jet wrote: »

The beneficiary has inherited the house outright and the inheritance tax comes out of the residual beneficiaries estate (mine) so he will definitely receive the house.

As executor though, I am responsible for looking after the house until probate is granted. I suppose my worst case scenario is, what happens if the beneficiary moves into the house (he's a relative I barely know) and causes some damage and then expects me as executor to fix it. Unlikely, but I'd like to know where I stand.

What is the exact wording in the will, they may have beneficial interest from DOD.

I would get them in the place ASAP taking on all the bills and maintenance etc. as the beneficial owner of the property, the estate is just acting as legal owner in capacity as trustee.
They can also be party to any insurance and you should have them pay.

IF you don't get it occupied the costs could well come out of your residual share.

Jet

I don't have the will with me right now and can't remember the exact wording but it is very clear that the house is given without any charges or tax.

I am currently paying all the bills and insurance for the property including looking at paying lots to get a seriously leaking roof fixed. It has been my understanding that it is my responsibility to look after it until it is passed to the beneficiary.

getmore4less

The wording could mean the beneficiary is responsible for the costs and be entitled to income if there were any.

Jet

getmore4less wrote: »

The wording could mean the beneficiary is responsible for the costs and be entitled to income if there were any.

I'll check later and come back post the exact wording.

getmore4less

Do they want to to take it over now?

Or are they expecting the estate to improve the property first.

Was it occupied after DOD, that can make the normal empty exemption for council tax void.

Jet

Yes, he's said he would move in now, although he hasn't viewed it as yet.

It wasn't occupied at the date of death. The previous tenants had left about 3 weeks before.

I'm paying the council tax.

Gavin83

Are you also a beneficiary of this will?

Jet

Gavin83 wrote: »

Are you also a beneficiary of this will?

Yes, I'm the residual beneficiary.