Probate of will Son stays in house for 2 years

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finbar

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Hi i have a question on a will that is set up as follows
Son to stay in house for 2 years post deceased then house to be sold and split between siblings
How does probate work for this , Can probate start or do you have to wait 2 years, or can probate start and the house deeds changed to have all siblings on it ?
Who is responsible for paying all bills due on the house for the 2 years .
thanks
 
Assuming the person who made the will is still alive, you could ask them what their intention is as to who is to be responsible for the bills in the two years?

And they can update the will to reflect that.

On the other matters, the stay in the house son can always voluntarily opt out? And Probate can go ahead when the Testator dies?

Otherwise, Probate can commence on the death of the testator. If the house is to be sold, why bother putting the house title in all of the beneficiaries' names?

And beware of CGT between Probate and the sale.

This all sounds like something a family meeting might assist with? Who wants to do what?

And if a family meeting won't work for whatever reason, I suggest a solicitor's involvement early in the Probate process.

mf
 
i guess it should be the person living in the house for 2 years that is responsible for all bills thanks for response . So can probate commence if the son is still living in the house for 2 years as per will agreement.
 
See above.

Otherwise, Probate can commence on the death of the testator.

mf
 
This arrangement could lead to major trouble beteeen siblings unless there is more certainty about the situation.
The executor is responsible for the property until the will has gone through probate. It would be common sense for ongoing maintenance expenses to be drawn from the estate until such time as the house is jointly owned by the beneficiaries, then arrangements can be made for equal contribution to costs until the house is sold.
Is the person who will stay in the house paying rent?
Anything received must go in to the estate. I would advise against any arrangement being made whereby this person gets free accommodation in return for "minding" the house. In the event of a legal dispute it will come back to bite.
Does the Will specifically state that the property must be sold and proceeds divided equally among the beneficiaries?
Does it give a definite timeframe for the sale? What happens if one owner objects to the sale and insists that the time is not right?
As mf1 posts look out for CGT liabilities.
I advise getting proper advice from an accountant familiar with inheritance tax law. Also this will needs to be tightened up. Dont think that I am exageratting the difficulties that can arise.
 
the person staying in the house would not be paying rent as currently lives there and as per will is allowed to stay for 2 years ( no mortgage on house)
 
I take it so that this person has a right of residence for the specified period of two years from the date of death. If the will does not specify that this person is liable for paying all bills, electricity, TV/Internet, Insurance, LPT do not assume that he /she is liable. I would recommend putting an agreement in place to cover this
 
The son gets to live in the home for two years, however the estate will need to pay for the upkeep of the house until sold. It’s a bit of a mess.
 
It doesnt have to be a mess though.
Maybe a family meeting could be held to sort it all out before the legal eagles start gathering.
The son has a right to live in the house for two years. Is he willing to contribute to the full cost of maintenance, utilities etc?
He will be contributing his percentage share of the costs in any case. That is why it would be very important to keep proper and accurate accounts of all expenditure. Has he being asked if he will contribute more than his share seeing as he is getting two years free accommodation?
He should be liable for optional expenditure e.g. internet/T.V. and T.V. licence.
The rest of the expenditure should be paid from the estate and the appropriate deduction shown on each beneficiaries final account.
You could make a case that he is also liable for electricity but it would be getting a bit petty as his share of the cost will be coming from the estate anyway.
 
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