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Appropriate expenses Once Probate Is Granted

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  • Appropriate expenses Once Probate Is Granted

    As I mentioned in another post I am executor and beneficiary of my fathers estate, but facing a possible challenge off a sibling.

    I have had to renew the insurance on his car and paid for it on my own credit card, I am not sure it would be appropriate to
    class this as an executor estate expense now that I have a Grant of probate, or it would now be classed as my car to maintain and insure.

    I would like to start paying myself back out of estate expenses ideally before I do get a Will challenge if it does happen.

    I have put renewal of car tax on the estate expenses as that was due before probate was granted, just a little concerned if the full Will was thrown out and intestacy rules applied I want the books to be correct.
    Last edited by Yamaha121; 30th January 2019, 20:30:PM.
    Tags: None

  • #2
    Hi Yamaha121,
    Have you had use of the car since your father passed away? You could have SORN the vehicle if it could be kept off the road. I would be loath to claim the insurance for the vehicle if you have had the benefit of it's use from day to day.
    As executor you of course are responsible for maintaining assets until distribution, for example if the property roof leaked you could justify the expense of repair to ensure the asset value doesn't diminish due to the leak but insuring a vehicle for your own use could be seen differently when there may have been other options. If for example the vehicle could not be SORN as it couldn't be kept off road and therefore would need insurance maybe the most basic cover could be justified and therefore included in the estate accounts.

    I am a qualified solicitor employed by the LegalBeagles forum to provide guidance on a wide range of legal queries. I am happy to try and assist informally, where needed.

    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any practical advice I give is without liability. I do not represent people on the forum.

    If in doubt you should always seek professional face to face legal advice.

    Comment


    • #3
      Thanks Peridot, If I look at it from just a executor point of view not a beneficiary, the honest answer would be the car could
      of been off the road but not secure enough for it not to need insurance, the insurance was prepaid and I was a named driver but for the insurance to be passed to me I had to change the registered keeper to me which canceled the tax.

      It was my choice to use the car so I guess the right thing is not to put the car tax or the renewal of the insurance on executor expenses, as both of these would last 12 months and beyond date of probate.

      Comment


      • #4
        Hi again,
        Maybe to the point of transfer you could claim the tax for that period (possibly insurance but if there are issues with the sibling you may have a fight on that one). Once transferred to your name then I wouldn't make the claim from the estate. Did you have the car valued for the estate value purposes?
        If so and there ends up being an agreement with regards to the possible claim from your sibling it could be worth deducting the value of the car from any eventual legacy amount as having been an interim payment. Just a thought and may be useful if you do end up negotiating a settlement.
        I am a qualified solicitor employed by the LegalBeagles forum to provide guidance on a wide range of legal queries. I am happy to try and assist informally, where needed.

        Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any practical advice I give is without liability. I do not represent people on the forum.

        If in doubt you should always seek professional face to face legal advice.

        Comment

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