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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10343
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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i am one of three executors managing my late fathers property.

Resolved Question:

i am one of three executors managing my late fathers property. both my deceased parents are still on the deeds as we are going through the transfer of property to a trust.
My father left a life interest to a friend who has recently taken out insurance for both building and content in her own name .
Please advise if this is valid as I thought that it needed to be in the name of the trust ?
Submitted: 2 years ago.
Category: Law
Expert:  Aston Lawyer replied 2 years ago.

Hello and thanks for using Just Answer.

My name is ***** ***** am happy to assist you with your enquiry.

Could you please give me a little more information?

I take it that your parents owned the property as tenants in common and that your Father left his half share to this friend, and if so, is it just allowing this friend to live in the property for whoever long she wants?

What does the Will say as regard swho is responsible for maintaining th eproperty and arranging the Insurance?

Who did your Mother leave her half share to?

Any information you can give will assist me in being able to answer you fully.

Kind Regards

AL

Customer: replied 2 years ago.

my mother died 10 years earlier and did not leave a will so the property went to my father. He left the property to the beneficiaries i.e. his children, but also giving a life tenancy to his friend at the same time. the friend does not have an actual share in the property other than the life tenancy.

There is no stipulated agreement but the will states that the friend should ensure that the property is maintained and insured.

the latter is causing problems because i thought she could not insure for buildings only for contents ?

Also as executors we need to ensure the property is maintained properly in the interest of the beneficiaries.

can you advise if the friend takes out building insurance would this be valid in her own name

Expert:  Aston Lawyer replied 2 years ago.

Hi Rose,

Thanks for your reply, and I am clear on matters now.

Ideally, your Father's Will should have stipulated that the Estate be responsible for arranging the Buildings Insurance and that these costs would be reimbursed by the Life Tenant.

As it stands, the Will makes the Tenant responsible for insuring. From a legal point of view, there is nothing stopping a Tenant of any type arranging the Buildings Insurance and legally you ar eunable to insist that this arrangement changes if the Tenant does not wish to change how things operate over the Insurance.

From a practical point of view, you and your fellow Executors will want to make sure that the property remains insured. I would therefore suggest that you speak to the tenant and see if she would be happy for any future Building Insurance policies be taken out in the name of the Executors. I am sure that as long as any such policy is no more than what she is currently paying, she will have no objection. Upon payment of the Policy, you would then need to get her to reimburse you the cost.

Alternatively, and this could apply to her existing policy, you can ask that the Policy remains in her name but that you and the fellow Executors are noted "as interested parties" on the Policy. This would mean that you would get notified of the Policy expiring/of any claims that are made.

I hope this assists and sets out the legal position.

As the Will is drafted as it is, this is the only "agreement" that needs to be followed, and thus the Tenant could legally object to your request, but hopefullly she will agree!

Kind Regards

AL

Customer: replied 2 years ago.

thanks

having looked again at the wording of the will it states that the life tenant will pay for the cost of the insurance but does not state that she has to arrange this.

I believed that we should get Landlord's insurance as she is a tenant. In addition the current insurance cover makes no mention of her situation as a tenant on the insurance schedule , and no other names or trustees included. there is concern that it may not be valid.

Expert:  Aston Lawyer replied 2 years ago.
Hi Rose,
Thanks for your reply. If the Will does state that the Tenant should only pay for the Insurance, then the Executors are free and under a duty to insure and recoup the cost off the Tenant.
I therefore suggest that you get three quotes and then speak to the Tenant as regards ***** ***** and ask her to cancel her own Insurance (she should be able to get a refund on the policy she has taken out).
I hope this assists and helps.
Kind Regards
AL
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10343
Experience: Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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