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    • bundance
    • By bundance 12th May 18, 3:09 PM
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    bundance
    Avoiding leaving unsaleable and financially burdensome property to loved ones after I die
    • #1
    • 12th May 18, 3:09 PM
    Avoiding leaving unsaleable and financially burdensome property to loved ones after I die 12th May 18 at 3:09 PM
    Hi

    I have a leasehold flat which is unsaleable for various reasons.
    I don't really want to post these reasons on a public forum but if someone knowledeable wants to pm me I can go into more detail.
    Basically the lease is breached irremediably through structural alterations. the damage done has left the property vulenrable to further damage so bottom line, if i die and write a will, my poor relatives will be paying out for it for the rest of their lives and it will cause misery for generations.
    I don't want this.
    I can afford to make a simple will for a few hundred pounds but am worried that the complexities will mean that the price of making this will, will be out of my reach.
    If I die intestate, I have been advised by a solicitor that the relatives will get the property (if the mortgage is paid off, whether I like it or not or whether they like it or not)
    Bottom line, I want to avoid leaving a legacy of financial misery and liability to my loved ones.
    As above, willing to go into further detail in a pm to a knowledgeable person.
    I am expecting a phone call from a solicitor on Monday but I cannot stop worrying in the meantime that this situation of not being able to afford a roo-complex will, or dying intestate and leaving my relatives with no choice but to take on the property.
    There are issues like alterations causing vulnerabilitites like dry rot, past waterleaks possibly causing dry rot between storeys, as floors are concrete, voids between floors unventilated and lower flats having false timber ceilings. I can smell a rotten smell in between my skirting board and concrete floor when it rains.
    I spoke to an independent damp surveyor who said the only way I can tell if the downstairs flats have dry rot hiding above the plasterboard in thier ceilings, is to open them up, but the freeholder doesn't want that. so, you can see, how the flat would be unsaleable.
    PS I've had visits by an independent accredited damp surveyor.
    Any help appreciated.
    Last edited by bundance; 12-05-2018 at 3:11 PM.
Page 1
    • Slithery
    • By Slithery 12th May 18, 3:30 PM
    • 972 Posts
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    Slithery
    • #2
    • 12th May 18, 3:30 PM
    • #2
    • 12th May 18, 3:30 PM
    Nothing is unsellable if priced correctly.

    Why do you think that your relatives would be liable for any ongoing costs? Just put in your will that the property is to be sold, if this leaves your estate in negative equity then so be it.
    • lincroft1710
    • By lincroft1710 12th May 18, 3:42 PM
    • 11,175 Posts
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    lincroft1710
    • #3
    • 12th May 18, 3:42 PM
    • #3
    • 12th May 18, 3:42 PM
    If the flat is likely to be a liability for your relatives, then leave it to the local council or a housing association, they will be able to sort out problems and make use of it
    • ViolaLass
    • By ViolaLass 12th May 18, 3:50 PM
    • 5,458 Posts
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    ViolaLass
    • #4
    • 12th May 18, 3:50 PM
    • #4
    • 12th May 18, 3:50 PM
    They can sell it to someone for 50p.
    • Keep pedalling
    • By Keep pedalling 12th May 18, 4:01 PM
    • 5,622 Posts
    • 6,384 Thanks
    Keep pedalling
    • #5
    • 12th May 18, 4:01 PM
    • #5
    • 12th May 18, 4:01 PM
    If this is linked to your previous thread, I think you are being overly pessimistic.

    https://forums.moneysavingexpert.com/showthread.php?t=5624954

    You could of cause leave the flat to the HA who hold the freehold, but if you leave it to others they always have the option to do the same thing through a deed of variation.
    • theartfullodger
    • By theartfullodger 12th May 18, 4:13 PM
    • 9,915 Posts
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    theartfullodger
    • #6
    • 12th May 18, 4:13 PM
    • #6
    • 12th May 18, 4:13 PM
    Blimey,I thought I was being hard telling my kids they should expect no inheritance from me as I planned to drink it all: At least I wasn't threatening them with an Albatross.

    If you think, really, that;s what it is - a burden - then sell it: Give yourself 6 months and take highest offer, whatever that is.



    And move on.




    Places will always sell, maybe not for what you'd "like". I'd "like" my own helicopter...
    • bundance
    • By bundance 12th May 18, 4:16 PM
    • 1,068 Posts
    • 349 Thanks
    bundance
    • #7
    • 12th May 18, 4:16 PM
    • #7
    • 12th May 18, 4:16 PM
    Nothing is unsellable if priced correctly.

    Why do you think that your relatives would be liable for any ongoing costs? Just put in your will that the property is to be sold, if this leaves your estate in negative equity then so be it.
    Originally posted by Slithery
    It's unsaleable.
    I think my relatives would be liable for ongoing costs because the lease was breached, not just my demise but the building owners demise.
    Also he left problems like risk of leaking pipes hid behind plasterboard.
    There could be dry rot between my floor and ceiling below, possibility verified by surveyor.
    Once I'm gone I just want this flat out of my family to save future heartache on loved ones who dont deserve it.
    • bundance
    • By bundance 12th May 18, 4:18 PM
    • 1,068 Posts
    • 349 Thanks
    bundance
    • #8
    • 12th May 18, 4:18 PM
    • #8
    • 12th May 18, 4:18 PM
    If the flat is likely to be a liability for your relatives, then leave it to the local council or a housing association, they will be able to sort out problems and make use of it
    Originally posted by lincroft1710
    The housing association is the freeholder.
    Would i legally be able to do that?
    I could do with a lawyers advice. Dunno if I can afford that though due to complicated nature of problems.
    • bundance
    • By bundance 12th May 18, 4:19 PM
    • 1,068 Posts
    • 349 Thanks
    bundance
    • #9
    • 12th May 18, 4:19 PM
    • #9
    • 12th May 18, 4:19 PM
    Blimey,I thought I was being hard telling my kids they should expect no inheritance from me as I planned to drink it all: At least I wasn't threatening them with an Albatross.

    If you think, really, that;s what it is - a burden - then sell it: Give yourself 6 months and take highest offer, whatever that is.



    And move on.




    Places will always sell, maybe not for what you'd "like". I'd "like" my own helicopter...
    Originally posted by theartfullodger
    While Im alive I need it to live in, im on benefits and council wouldnt house me if i sold it as they told me I would be making myself intentionally homeless.
    • theartfullodger
    • By theartfullodger 12th May 18, 4:20 PM
    • 9,915 Posts
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    theartfullodger
    Snap! I'm on benefits also, 6 benefits as it happens (I'm old).


    MOST adults are on one benefit or another, nothing special about it, nothing to see here, move along now....


    re...
    While Im alive I need it to live in, im on benefits and council wouldnt house me if i sold it as they told me I would be making myself intentionally homeless.
    With greatest respect, you don't need to live in it. There is nothing stopping you finding somewhere to rent privately and claiming Housing Benefit?? If you really end up selling at a loss you'll probably get maximum HB/LHA for a single adult over 34 (I assume age....)


    Good luck! Life has a habit of dealing rough hands....
    Last edited by theartfullodger; 12-05-2018 at 4:24 PM.
    • bundance
    • By bundance 12th May 18, 4:21 PM
    • 1,068 Posts
    • 349 Thanks
    bundance
    If this is linked to your previous thread, I think you are being overly pessimistic.

    https://forums.moneysavingexpert.com/showthread.php?t=5624954

    You could of cause leave the flat to the HA who hold the freehold, but if you leave it to others they always have the option to do the same thing through a deed of variation.
    Originally posted by Keep pedalling
    Roof 'sorted' HA got subcontractor to do it, but my private surveyor said they did a bodge job, as cracked tile caused leak, instead of replacing tile, like they did when they removed the velux, they just put lead flashing over it, and apparently wind driven rain can blow up it, as the tile is lifted about half an inch.
    • bundance
    • By bundance 12th May 18, 4:23 PM
    • 1,068 Posts
    • 349 Thanks
    bundance
    PS not only is flat unsaleable its going to cause future huge costs due to damage from old owner and my errrors causing future water leaks into flat below.
    My main reassurance I want is that none of my loved ones will be left with an unwanted big expense.
    Apparently you cannot leave legacies to government organisations like the council.
    • davidmcn
    • By davidmcn 12th May 18, 4:33 PM
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    davidmcn
    Nobody is obliged to inherit anything if they don't want it. If you have a mortgage over the property then everyone could just let the lenders deal with it.
    • bundance
    • By bundance 12th May 18, 4:48 PM
    • 1,068 Posts
    • 349 Thanks
    bundance
    Nobody is obliged to inherit anything if they don't want it. If you have a mortgage over the property then everyone could just let the lenders deal with it.
    Originally posted by davidmcn
    I do at the moment but might have paid it off before i die.
    A solicitor said if it goes to probate, family will be stuk with flat. I just hope they can hand lease back to freeholder and get it out of their lives.
    • davidmcn
    • By davidmcn 12th May 18, 4:54 PM
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    davidmcn
    They'd only be "stuck" to the extent that your estate has any funds - they wouldn't be obliged to put in any of their own money. Put it in an auction with no reserve and somebody will take a punt on it.
    • usefulmale
    • By usefulmale 12th May 18, 5:38 PM
    • 2,451 Posts
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    usefulmale
    Leave it to a charity you don't like or whose chuggers are particularly aggressive.
    • Thrugelmir
    • By Thrugelmir 12th May 18, 6:40 PM
    • 61,023 Posts
    • 54,224 Thanks
    Thrugelmir
    A solicitor said if it goes to probate, family will be stuk with flat.
    Originally posted by bundance
    Your estate will take control of the property after probate is granted. The executors will adminster the estate on behalf of the beneficiaries. The executors could send the property to auction with no reserve. If this is deemed the most appropriate course of action.
    Financial disasters happen when the last person who can remember what went wrong last time has left the building.
    • parking_question_chap
    • By parking_question_chap 12th May 18, 6:41 PM
    • 1,779 Posts
    • 1,594 Thanks
    parking_question_chap
    This raises an interesting point.

    What if you leave somebody in your will that they dont want? Are they obliged to deal with it?

    Could you that you dont want your family to have the flat? If so what happens to it?
    • lincroft1710
    • By lincroft1710 12th May 18, 6:49 PM
    • 11,175 Posts
    • 9,532 Thanks
    lincroft1710
    The housing association is the freeholder.
    Would i legally be able to do that?
    I could do with a lawyers advice. Dunno if I can afford that though due to complicated nature of problems.
    Originally posted by bundance
    You can leave your possessions to whoever you want
    • Norman Castle
    • By Norman Castle 12th May 18, 8:08 PM
    • 7,559 Posts
    • 6,315 Thanks
    Norman Castle
    I can smell a rotten smell in between my skirting board and concrete floor when it rains.
    I spoke to an independent damp surveyor who said the only way I can tell if the downstairs flats have dry rot hiding above the plasterboard in thier ceilings, is to open them up,
    Originally posted by bundance
    Is the smell the reason you suspect rot or are there other signs? Would the smell travel past the concrete floor? Drafts from under floors and from voids can be unpleasant, it doesn't signify dry rot. Dry rot doesn't hide for long. How long has this been a problem? Wet rot can appear only when there are persistent spells of wet weather and is probably not as invasive. Are there any signs of water damage to the flat below?

    Have you spoken the HA surveyor about the suspected dry rot and other potential problems? Do they agree with your suspicions? They will deny invasive investigations without further evidence of a problem.

    Would an endoscope survey be an option?

    Who has defined the flat as unsaleable? Its possibly unmortgageable but there are cash buyers and builders who will be interested.

    Its highly unlikely this cannot be put right.

    There are issues like alterations causing vulnerabilitites like dry rot, past waterleaks possibly causing dry rot between storeys, as floors are concrete, voids between floors unventilated and lower flats having false timber ceilings. I can smell a rotten smell in between my skirting board and concrete floor when it rains.
    I think you have worried yourself into a corner. There's a smell in part of your flat but no other sign of rot. If there is dry rot in the neighbours ceiling they will tell you. I've had it from the flat above, its impossible not to notice. I've also had wet rot from a leaking roof. Resolved by stopping the leak. The leak was more noticeable than the rot.
    Do you pay the HA a service charge which includes building insurance? Does this cover dry rot?
    Last edited by Norman Castle; 12-05-2018 at 8:59 PM.
    Don't harass a hippie. You'll get bad karma.

    Never trust a newbie with a rtb tale.
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