Any legal eagles

[Tuearts right boot]

before I visit my brief on Tuesday.....
I'll try and keep a long story short. Last year my step father died and in the will allowed my mum to have full use and occupancy of the house,they had lived in it for 25 years as a married couple.Should she wish to sell and downsize any monies left after the sale would be passed to the estate, my 2 step brothers and step sister. When my mum dies the house or house in question should she downsize is to be sold and passed over to the estate.
My question is....the estate is therefore the legal owner, am I right ? and so who is responsible for the building insurance. My step brother is flapping and is asking me or my mum for the amount of the household insurance after he has decided to transfer it into the estates name with my mum as a so called tenant. The money isn't the issue here but the actual responsibility of said property insurance. Obviously I don't really want to get arsey over this for my mums and families sake but I'd like to keep my powder dry just in case.

 

[Sonic Temple]

Iam no expert but I have just dealt with a relatives estate and as I was the executor of the will it was my responsibility to insure the property. I hope that helps.

 

[Tuearts right boot]

Mods....can you transfer to the cellar,cheers

 

[bgblue]

As above, when I visit propertys, the name on the address is always the executor. ie, the person responsible for the administration of the estate

 

[Rocket-footed kolarov]

Unless there was a term in the trust instrument (i.e. the will) that stipulates that she has to pay sum as rent (and that could be used to insure) I would guess that any money paid to insure the property should come from the estate. The paragraph below may also be useful, note that the trustee/executor doesn't have to insure the property but he will be in breach of trust if a reasonable person would have been expected to do so.

7.9. Sections 19 and 20, Trustee Act 1925, as amended by s.34, Trustee Act 2000, or their general powers under the Trustee Act 2000 allow a trustee to insure against all risks and obtain insurance cover for all property which is subject to the trust, whether land or chattels. The premium may be taken from either capital or income. The statutory duty of care applies to the trustee's choice of insurer and the terms of the insurance. These powers do not impose a duty on the trustee to insure but it is likely that a failure to insure in circumstances where a reasonable person would have insured trust property will constitute a breach of the trustee's paramount duty to act in the best interests of the present and future beneficiaries of the trust.

http://www.icaew.com/en/members/reg...tice-management/acting-as-a-trustee#ICAEW1800

 

[Rocket-footed kolarov]

before I visit my brief on Tuesday.....
I'll try and keep a long story short. Last year my step father died and in the will allowed my mum to have full use and occupancy of the house,they had lived in it for 25 years as a married couple.Should she wish to sell and downsize any monies left after the sale would be passed to the estate, my 2 step brothers and step sister. When my mum dies the house or house in question should she downsize is to be sold and passed over to the estate.
My question is....the estate is therefore the legal owner, am I right ? and so who is responsible for the building insurance. My step brother is flapping and is asking me or my mum for the amount of the household insurance after he has decided to transfer it into the estates name with my mum as a so called tenant. The money isn't the issue here but the actual responsibility of said property insurance. Obviously I don't really want to get arsey over this for my mums and families sake but I'd like to keep my powder dry just in case.

Spot on, yes the estate [and the appointed trustee(s)] is the legal owner of the house.

Your mother has a benefical interest for life, if she becomes a tenant then obviously she will have a lease, and the terms of a lease may stipulate that she should pay the insurance and incur the costs of maintaining the property. Or as with regular leases they may not. If you have the will then I would advise you to look at that and see if they are any conditions that stipulate what you mother must do to stay in the property, i.e. pay a pepper corn rent, or if the will gives the trustee powers to put insurance costs on to your mother, or it may be left open and they may be implied by statute.

This sounds like a complicated matter mate, but not one that a good licensed conveyancer or property solicitor couldn't sort out. I would advise that you contact one of those and it will probably be worth it in the long run anyway.

 

[Tuearts right boot]

before I visit my brief on Tuesday.....
I'll try and keep a long story short. Last year my step father died and in the will allowed my mum to have full use and occupancy of the house,they had lived in it for 25 years as a married couple.Should she wish to sell and downsize any monies left after the sale would be passed to the estate, my 2 step brothers and step sister. When my mum dies the house or house in question should she downsize is to be sold and passed over to the estate.
My question is....the estate is therefore the legal owner, am I right ? and so who is responsible for the building insurance. My step brother is flapping and is asking me or my mum for the amount of the household insurance after he has decided to transfer it into the estates name with my mum as a so called tenant. The money isn't the issue here but the actual responsibility of said property insurance. Obviously I don't really want to get arsey over this for my mums and families sake but I'd like to keep my powder dry just in case.

Spot on, yes the estate [and the appointed trustee(s)] is the legal owner of the house.

Your mother has a benefical interest for life, if she becomes a tenant then obviously she will have a lease, and the terms of a lease may stipulate that she should pay the insurance and incur the costs of maintaining the property. Or as with regular leases they may not. If you have the will then I would advise you to look at that and see if they are any conditions that stipulate what you mother must do to stay in the property, i.e. pay a pepper corn rent, or if the will gives the trustee powers to put insurance costs on to your mother, or it may be left open and they may be implied by statute.

This sounds like a complicated matter mate, but not one that a good licensed conveyancer or property solicitor couldn't sort out. I would advise that you contact one of those and it will probably be worth it in the long run anyway.

Thanks for that. I intend to see one next week. As you say, my mum has beneficial interest for life but I feel for the sake of a £300 per annum household insurance policy it's a small outlay to keep the peace. The blow is softened somewhat owing to the fact she has a good widows pension.

 

[nelsons willie]

My dad left me fuck all. My sister assured me it's a big house in the country as she bade me farewell in her new top of the range motor.