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Insurance of deceased estate: land and property

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  • Insurance of deceased estate: land and property

    Query... who should insure properties before and after probate? Executors, beneficiaries, tenants or joint owner? Nothing is stated in Will...

    Any help to clarify a position here. The Deceased estate has his ownership as follows

    - vacant property as sole owner
    - tenanted properties as sole owner,
    - tenanted property as a tenant in common
    - tenanted property as a joint tenant
    - land part tenanted as sole owner
    - land and property vacant as sole owner

    l did search the forums and saw the query about a widow residing in a property but was not prepared to pay insurance. https://legalbeagles.info/forums/for...-after-probate

    ATTICUS replied at that time "Everyone with an interest in the property should insure to protect that interest." See thread below...

    So should everyone chip in equally?
    No tenant appears to have a written agreement!

    Tags: None

  • #2
    Executors should insure. Once properties have been signed over to beneficiaries, the new owners should insure and the executors can cancel the policies.
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

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    • #3
      As a practical way to obtain the insurance you might be able to get the existing insurers to change the name of the insured from 'Mrs XYZ' to 'The Executors of Mrs XYZ' which allows the existing policies to continue. Although one problem might be that if the house where the deceased was previously living is now going to be unoccupied for a long period of time insurers might be reluctant to insure or will limit the cover.

      You must disclose to insurers quickly if any property that was occupied is now unoccupied otherwise the existing insurance may be invalid.

      Also bear in mind that any policy conditions that applied to the deceased - inspecting vacant property, turning water off, etc - now apply to the Executors so check the policies.

      There are several insurers offering specialist policies for Executors if the deceased's insurers are unhelpful. Search for 'insurance policies for executors'.
      Last edited by PallasAthena; 1st August 2024, 08:43:AM.
      All opinions expressed are based on my personal experience. I am not a lawyer and do not hold any legal qualifications.

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      • #4
        Ownership of the deceased's property owned as a joint tenant passes direct to the surviving tenant. The executor should ensure the surviving tenant is aware of this and insurance payments continue to be made

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        • #5
          All replies are very helpful indeed...

          Presumably professional executors should know all this, so a beneficiary could simply point in the direction of the Executors and say make sure you insure my interest until you pay out!?



          And on the point if transfer I'll put that in a new thread

          Comment

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