Can beneficiary live in the house before probate?

CIS

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

I'm paying the council tax.

If probate hasn't been sorted and the property is empty then a Class F exemption would be applicable.

getmore4less

Jet wrote: »

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.

Any reason not to claim class F exemption?

getmore4less

As long as it is clear you can meet the obligations as executor for the other debts, HMRC and other beneficiarys from the rest of the estate I would be looking to transfer the beneficial interest, the legal interest can be done later.

If they want to take over the place get them in.
If they want it sold have them do the work.

Jet

I have no idea what class F exemption is. The deceased was liable for the council tax when it was empty, so I have assumed that as executor I am also liable. I have notified the council of the death but I don't believe I have had any further letters from them.

getmore4less

Get googling

Jet

The wording of the will is

"I give the property xxx unto my xxxx free of any inheritance tax for his own use and benefit absolutely but if he shall predecease me such property shall form part of my residue estate"

Jet

And I suppose that leads me to another question.

There is a flat roof leaking badly.

Do I have to take responsibility for fixing it? Had quotes ranging from £1500 - £5000 so far.

Bearing in mind I don’t actually have access to any funds yet and gave up my main job to care for the now deceased relative.

I also live 30 miles away.

I feel bad handing it over in such a condition even though it hasn’t got into the sorry state it’s in overnight on “my watch”.

CIS

You need to look through the council's website and it'll tell you how to apply for the class f council tax exemption. There's no point paying the council tax if the exemption is applicable.

getmore4less

Jet wrote: »

And I suppose that leads me to another question.

There is a flat roof leaking badly.

Do I have to take responsibility for fixing it? Had quotes ranging from £1500 - £5000 so far.

Bearing in mind I don’t actually have access to any funds yet and gave up my main job to care for the now deceased relative.

I also live 30 miles away.

I feel bad handing it over in such a condition even though it hasn’t got into the sorry state it’s in overnight on “my watch”.

UP to you

Did you have&need POA for the relative?

if you did and they had lost capacity maybe you should have been taking care of the property anyway(using the relative funds).

if they had capacity and just let it go then that's what the other person inherited.

At a minimum while the rest is decided if not a full repair steps should be taken to stop further damage with a temp fix.

"I give the property xxx unto my xxxx free of any inheritance tax for his own use and benefit absolutely but if he shall predecease me such property shall form part of my residue estate"

I think that will wording means they get beneficial interest from DOD check with your legal advisers.

As a(only?)residual beneficiary is there enough to make it worth your while?

You should not be paying anything from your own funds

Jet

We had applied for POA but it never came through in time. He was ill for only 5 weeks but I was told it was likely to be 4 months. I can see the roof has deteriorated over a long period of time but perhaps is showing more as we are now in winter and there are no tenants in there. My relative who passed away wasn't one for being very good at maintenance of his properties. I think I need to get it fixed then. The trouble is no roofer really wants to patch it up, they all want to re-roof it. I will keep looking.

So what exactly does "beneficial interest" mean?

Yes, I am the only residual beneficiary and there will be the funds for a fix.