Living in deceased property awaiting sale - who pays the bills 29 June 2020 at 10:24PM in Deaths, Funerals & Probate 24 replies 2.2K views

Anewhome2016

Hi Mum passed away recently. 2 Adult siblings still reside in property (which is up for sale) 1 who is a beneficiary pays all the bills. The other Not a beneficiary refuses to pay anything. 2 grandchildren are executors claim the can’t do anything about it. 

What can be done?

Socajam

I would assume that the two adults people living in the house who are using water, gas, electric etc would split the bills 50/50.
If non beneficiary refuses to pay, I would get a court order when possible for eviction - which might be quite a while. 
This non beneficiary is nothing buy a sponger and the quick they are gone, the better for you.

Anewhome2016

Can a claim be made on the estate perhaps ?The non payer obviously believes you can live somewhere for nothing (whose child is one executor. )

The property is for sale at a ridiculous asking price 100k above market value in order to cover an equity loan and fufill the wishes of the will which is still yet to be read..........

It’s all such a mess

Anewhome2016

Socajam said:

I would assume that the two adults people living in the house who are using water, gas, electric etc would split the bills 50/50.
If non beneficiary refuses to pay, I would get a court order when possible for eviction - which might be quite a while. 
This non beneficiary is nothing buy a sponger and the quick they are gone, the better for you.

Yes all Bills should be split 50/50 But a total refusal to pay. Can the beneficiary really try to evict or do the executors who are also beneficiaries have any say?

maman

Wills aren't 'read' in any formal way, that just appears in old films. It's up to the Executors to get a copy of the will and carry out the wishes either themselves or pay a solicitor to do it for them. Presumably, someone (an executor?) has put the house on the market? 

AnotherJoe

My commiserations To you. 

All the beneficiary In the house could do is put pressure on the executors to act. Ultimately that could be legal action against them. 

 It would be up to the executors to start eviction proceedings etc as they are now the ones in charge of the house. 
Are you also a beneficiary? The executors don't seem to be acting rationally if they think the house price is determined by the will. Depending how the Will is written, it sounds like some parts of it will fail or will have unforeseen consequences. And as said there's no such thing as "reading of the Will". 

getmore4less

The one paying could just leave, the non paying one has the council tax liability as the occupant.
Another option is the one paying the bills and is a beneficiary, with a  right to live there,  kicks the other one out they probably have no rights to live there at best they were(maybe still)  a lodger
What was the status before were they living there?  sounds like adult children living with parent and fall into excluded occupier category.

IS the estate solvent if there is debt against the property, does it exceed the value of the property?

xylophone

Has probate been granted?
Is the estate solvent?

Anewhome2016

AnotherJoe said:

My commiserations To you. 

All the beneficiary In the house could do is put pressure on the executors to act. Ultimately that could be legal action against them. 

 It would be up to the executors to start eviction proceedings etc as they are now the ones in charge of the house. 
Are you also a beneficiary? The executors don't seem to be acting rationally if they think the house price is determined by the will. Depending how the Will is written, it sounds like some parts of it will fail or will have unforeseen consequences. And as said there's no such thing as "reading of the Will". 

AnotherJoe said:

My commiserations To you. 

All the beneficiary In the house could do is put pressure on the executors to act. Ultimately that could be legal action against them. 

 It would be up to the executors to start eviction proceedings etc as they are now the ones in charge of the house. 
Are you also a beneficiary? The executors don't seem to be acting rationally if they think the house price is determined by the will. Depending how the Will is written, it sounds like some parts of it will fail or will have unforeseen consequences. And as said there's no such thing as "reading of the Will". 

Thanks - Verbal pressure has been put on both executors to no avail. ‘We can’t make her pay. You’re both adults and need to sort it out between yourselves’

Neither will evict Mother/Aunt

I’m not a beneficiary but my dependant (minor) is.

Apparently the will is still with the solicitor.

Anewhome2016

xylophone said:

Has probate been granted?
Is the estate solvent?

Probate has not been granted yet. 
The estate is 95% the property which has a charge - equity loan we believe approx 220k

xylophone

The deceased borrowed £220,000 against the property?

What is the value of the property for probate?

Why is the will still with the solicitor?

Your child and your sister are the only beneficiaries?

Why do the exors believe that the house will fetch  £100,000 more than it is worth?