Should the Estate pay maintenance on an occupied property

[David Mills]

My father recently passed away and I am the executor on his estate. I have a question about how I should manage his house until probate is granted, and specifically who should pay for maintenance. The specifics:

• My father lived with his partner in the property for a number of years, but he was the sole owner and there was no mortgage.*
• He has left the house to his former partner in the will, and since he passed she has assumed the costs for utilities and council tax.*
• His other assets are being split between me and his partner.*
• During the recent storm there was quite a bit of damage and I was asked by his former partner if the estate should pay for this, and that’s what I need some advice on.*

I’ve tried searching for this scenario online and it seems that it not uncommon that the estate requests a tenancy agreement to be signed and charges the occupier rent until probate is granted. I feel uncomfortable doing this as she has never paid rent and I don’t believe my father would want this.*

At the same time, I feel that if she is not paying rent then it doesn’t seem right that she should ask the estate to pay maintenance costs.**

I did ask my solicitor about this and he made a distinction between her being an ‘occupier’ rather than a tenant, and as such the estate has to pay maintenance, plus it can’t ask her for rent.*

I wanted to get a second opinion on this as the solicitor is good friends with my father’s former partner and so there is potentially a conflict of interest.*

Any advice from a legal perspective would be much appreciated.*

Thanks David
*

[des8]

The executor actually has a duty to keep a property in good repair whilst probate and distribution is pending.
If the occupier is a tenant, that would make the executor the landlord and responsible for repairs (landlord's insurance would cover it)
If the occupier is living there under licence the executor would still be responsible as per your solicitor

Anyway didn't you effect insurance cover (another executor responsibility) which would cover the storm damage?

[David Mills]

Thanks for your feedback.*
In short no I didn’t effect insurance on the property. My Father only passed away a month ago and I didn’t realise this was the executors responsibility, plus I found home insurance coverage in his documents, although with hindsight I now realise that probably became void on his death. I will arrange for insurance to be set up.
Regarding my fathers former partner ‘living in the property under licence’. Is this the default situation in the circumstances I described, as we have not signed any form of tenancy or licence agreement. *Thanks
*

[des8]

Approach the existing insurers and make a claim .You will need to explain the position, stressing that the current occupant was already a long time resident and it was thought the insurance would automatically transfer to her when they were notified of the situation.
If they are a decent company (and there are some!) who don't outsource their claims management they might well honour the policy.
If they have been current insurers for many years stress that as well.

Unless a licence fee has been paid she would not have been living there under licence.
I should have added another line about living there rent free with permission..... which still makes the executor responsible!