Insurance after probate?

[Jasper61]

Probate has now been granted but his widow remains in the house until she leaves. She claims that the house building insurance his now not her liability however the will states "she shall be responsible for all outgoings affecting it and keeping it in repair and insured comprehensively on such terms as my trustees require but they shall not be responsible for ensuring that my wife carries out these obligations in these respects?

[atticus]

Has the house been left to the widow?

Everyone with an interest in the property should insure to protect that interest.

[Pezza54]

Please read the article "A guide to property trust wills " at flintbishop.co.uk
The surviving spouse is responsible for maintenance, paying utility bills etc but the property insurance should be in the names of the surviving spouse and trustees.

[Jasper61]

No, the house has been left to his daughters from his first marriage. She, in essence is a life Tennant and the will states that she is responsible for the property insurance and up keep. Failure to do so would invalidate her right to remain and could be asked to leave? We believe that the trustees name/names should be on the insurance but she must pay for it, as stated in the will.

[atticus]

If she won't pay the premiums, will you leave the property uninsured?

[PallasAthena]

House insurance for only the buildings is usually fairly cheap. If I were you I would insure it yourself as Trustees and in her joint name. Then ask her to reimburse the premiums. If she won't personally I would let it go but others may suggest legal action you could take.

Protecting the asset for the Estate is more important than leaving it uninsured because she won't pay the premium.

[Pezza54]

The will doesn't actually say his widow shall pay for the insurance. Normally the owner or owners of the property would insure it and then inform the tenant or tenants about the insurance terms that they have to comply with e.g notify the company if the property is left vacant for a period over a number of stated weeks.
Nor does the will state that the life tenancy shall end if the tenant fails to pay for the insurance. It does state that the trustees shall not be responsible for ensuring that his widow carries out the obligations regarding maintenance etc.

[PallasAthena]

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[PallasAthena]

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[Jasper61]

But the will does state that "she shall be responsible for comprehensive insurance" .

[Pezza54]

If the widow continues to refuse to pay for insurance the owner should pay for insurance and then make a court claim against the widow. If the owner is successful, the widow will hopefully pay for insurance in future years.
If the widow is receiving financial benefit in the will, the executor could hold back money to pay for insurance and wait to see if he or she receives a court claim from the widow.

[atticus]

But the will does state that "she shall be responsible for comprehensive insurance" .

People do not always do what they should.