Inheriting a house - should estate pay all bills and gardening costs to date before transfer

KallyM5

kangoora said:

I'm not a lawyer but have looked at the cases quoted. They are pretty abstruse, such as maintaining furniture, horses and carriages and retaining 'staff', costs of transporting chattels from abroad and who is liable should someone nick an item and sell it before distribution. It seems obvious that the executors are effectively saying 'nothing to do with us, guv - here's the case law'. I still think it is ridiculous that you are liable for costs on something you will own in the future, but don't currently own.

On the face of it they appear to be correct but you could always go to a different firm of solicitors for a second opinion.

If you wanted to be bloody minded (and have money to burn) I suppose you could argue that the current executors have taken too long to distribute the estate therefore they should be liable for at least part of the maintenance and gardening costs - note: I'm joking, I'm not seriously advocating this approach

The problem you will have, unless advised differently by another solicitor, is it looks like you'd have to go to court which could get very expensive - you need to compare possible court costs vs. what you would save by not paying for the maintenance/gardening etc.

I'd take 2 things from this, 1. I'd never use the executors again in any capacity and 2. NEVER, EVER make a charity a residual beneficiary (unless you deliberately want to cause grief for your beneficiaries ) Only give charities a specific bequest that you are 100% certain will not impact any residual benificiaries. Personally, my will goes only to family, charities can carry on trying to guilt-trip me with mid-afternoon TV adverts for their cash.

Thanks for your comprehensive input.  I will compare court costs with amount I have been asked to pay.  I totally agree never ever make a charity a residual beneficiary as it only causes problems to your loved ones.  I think people should be made aware of this when wills are drawn up. May be better to give to charity whilst you are alive but then again they keep calling you up to increase your direct debit (LOL).   

getmore4less

Not looked at the case but there is the general principle that the will decides the beneficial ownership of a legacy and the beneficiary has that interest from DOD for both income and expenses.
Eg if it was rented out the beneficiary gets the income not the estate. 

They should have included you in the process of managing the property during this period to decide what expences were reasonable or could have been arranged by yourself. 

Legal ownership is seperate to beneficial ownership.