Reasonable Time to Give Beneficiary to Collect Items Left in Will

[Diggerlady]

We have just had grant of probate through for my mother’s estate.

In her will she left the contents of a workshop in her garden to one of her friends.

We live a long away from my mother’s house unfortunately.

My question is, what period of time is reasonable to give him to clear the workshop?

The property is being auction in December so the items will need clearing asap.

We were thinking of giving him 4 weeks. Do you think that is reasonable?

Also because we cannot supervise his removing the items - we cannot keep making a 4 hour trip - we want to safeguard in case he causes any harm to himself or others whilst clearing the property.

We know he has a key to the metal gate to gain access to the driveway down to the workshop and we suspect he has already taken some items (we met him todayat the property and wouldn’t admit that he has done this - we have a video of how we left the workshop several weeks ago and there is a machine tool that was there on video and is now not there) - so we don’t totally trust this individual. However the workshop needs clearing and he will need a skip to clear rubbish into from the workshop.

What would your advice be as to how to manage this difficult situation? Is there a template you would suggest he sign to say he accepts that in clearing the workshop he does so entirely at his own risk.

Advice would be very welcome - we’ve got to the end of what we can afford for the grant of probate.

[des8]

Generally speaking it is for the executor to deliver the inheritance.
Has the beneficiary agreed to accept his inheritance (which is "the complete contents of the workshop") and to take delivery at the premises?

If so, from the time of his acceptance, the executor(s) are only the bailee(s) of his goods which all (tools and rubbish) belong to the beneficiary.
As bailees you are entitled to give him written notice of a time limit in which to remove his property (normally 2 weeks)

If he doesn't clear the property the executors can do it for him.
They will need to obtain the market value of the goods (normally via auction) and can then deduct their expenses (including the cost of rubbish removal) from the proceeds, which will then need to be passed to the beneficiary.
If he takes only the goods which have value, I would arrange to have the rest cleared professionally and present him with the bill!

[Diggerlady]

Generally speaking it is for the executor to deliver the inheritance.
Has the beneficiary agreed to accept his inheritance (which is "the complete contents of the workshop") and to take delivery at the premises?

If so, from the time of his acceptance, the executor(s) are only the bailee(s) of his goods which all (tools and rubbish) belong to the beneficiary.
As bailees you are entitled to give him written notice of a time limit in which to remove his property (normally 2 weeks)

If he doesn't clear the property the executors can do it for him.
They will need to obtain the market value of the goods (normally via auction) and can then deduct their expenses (including the cost of rubbish removal) from the proceeds, which will then need to be passed to the beneficiary.
If he takes only the goods which have value, I would arrange to have the rest cleared professionally and present him with the bill!

Thanks very much for this

My sister has been managing this - I am not an executor, I’m only a beneficiary. She has written to him but not had a written reply, although verbal acceptance has been given. Unfortunately, my sister said yesterday if he takes what’s valuable we would clear the rest so maybe we need to write and say we have taken advice and change that based on what you say.

[des8]

It is up to the executor to make the decision, and the estate meets the costs.
I have only outlined the way i would be considering how to deal with the matter, given the information to hand.