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Background:
George & his wife Beatrice purchased their council house under the Right-to-Buy scheme. Three of their adult children contributed the largest share to the purchase price, so George & Beatrice had only an 8.5% share. George & Beatrice were listed at the Land Registry as the legal owners of the property, and the exact interest shares of all contributors were listed in a Declaration of Trust. George & Beatrice made mirror wills in 2014, listing the percentage ownership of the property as detailed in the Declaration of Trust. Beatrice died in 2015 and her name was removed from the title. At the same time, the names of the three adult children were added as tenants-in-common. George died in 2016. The house was subsequently redecorated and new carpet fitted, prior to being sold.
Question:
Should George's estate have been held fully liable for the cost of the redecoration and re-carpeting?
Or
Should the cost of the redecoration and re-carpeting have been split among the tenants-in-common according to their percentage shares?
George & his wife Beatrice purchased their council house under the Right-to-Buy scheme. Three of their adult children contributed the largest share to the purchase price, so George & Beatrice had only an 8.5% share. George & Beatrice were listed at the Land Registry as the legal owners of the property, and the exact interest shares of all contributors were listed in a Declaration of Trust. George & Beatrice made mirror wills in 2014, listing the percentage ownership of the property as detailed in the Declaration of Trust. Beatrice died in 2015 and her name was removed from the title. At the same time, the names of the three adult children were added as tenants-in-common. George died in 2016. The house was subsequently redecorated and new carpet fitted, prior to being sold.
Question:
Should George's estate have been held fully liable for the cost of the redecoration and re-carpeting?
Or
Should the cost of the redecoration and re-carpeting have been split among the tenants-in-common according to their percentage shares?
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