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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33283
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Hi, My Father died 18 months ago and I am the executor of

Customer Question

Hi,
My Father died 18 months ago and I am the executor of his will. I have distributed the £39K of the £40k he left - mainly to his partner. I am not a beneficiary of the will.
A boat he had worth £2k was all that remained of his estate. This sunk last week. Salvage costs may be £5k or more. I have £1k left in his estate. Am I going to be personally liable?
Thanks
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How did the boat come to sink?
Was the boat insured?
Clare
Customer: replied 1 year ago.

I don't know why the boat sank. It was not an accident or anything like that. It may have been rust.

The boat is not insured.

It is a canal boat in a Marina and needs to be moved. This might need a crane and lorry and is not a simple job.

Expert:  Clare replied 1 year ago.
Hi
Who was the residuary beneficiary of the estate?
Clare
Customer: replied 1 year ago.

My father left a will from 1989. This left everything to me and my brother.

My brother and myself agreed that his partner (they were not married) should have the money from my fathers estate as she had cared for him during many years of illness. So we did a simple "deed of variation" and gave the money to her (about £35k). There were also a couple of small amounts (£3k each) we gave to his Grandchildren for university. This was all done over a year ago and shows up on the Bank Statements. That money has now been spent so I cant ask for it back.

I have not received anything from my fathers estate. My brother has not either.

Obviously the Marina owner now wants the sunk boat removed. It is sitting on the bottom of the Marina - half in the water and half out.

With hindsight I should have disposed of the boat quicker but his partner was very attached to it and "Just not ready" to let it go. I obviously never thought this was likely to happen.

Unfortunately I have tried to my best to help others and got myself in a mess. I feel I have been very diligent in dealing with my fathers estate and took my duties seriously.

Will

Expert:  Clare replied 1 year ago.
Hi
What did you intend to do with the boat?
Clare
Customer: replied 1 year ago.

It was my intention to sell it. I have emails showing that I was intending to sell it.

Expert:  Clare replied 1 year ago.
Hi
Would the money have gone to the Partner?
Clare
Customer: replied 1 year ago.

Yes. I promised her that she could have all the money apart from small amount that went to the grandchildren. Again there are lots of emails to back this up. There are also bank records of payments showing money that has gone to her so far.

Expert:  Clare replied 1 year ago.
Hi
Have you asked the Marina owner if it is covered by his insurance?
Clare
Customer: replied 1 year ago.

I checked with the owner and he does not think his insurance would cover this.

Expert:  Clare replied 1 year ago.
Hi
Whilst you are as representative of the Estate liable to fund this you can then recover the money from the residuary beneficiary - your father's partner.
I would suggest that you discuss the situation with her and explain that you will have to recover the funds to cover this recovery.
Please ask if you need further details
Clare

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