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Buachaill, Barrister
Category: Family Law
Satisfied Customers: 10974
Experience:  Barrister 17 years experience
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Can an executor of a Will charge against a deceased person's

Customer Question

can an executor of a Will charge against a deceased person's Estate the cost of keeping that person in a care home during the years preceding their death? In this case Probate has been granted but the beneficiaries have not been given a copy of the accounts. There is a property to sell. Can the executor sell it below market value, e.g. tp a friend?
Submitted: 1 year ago.
Category: Family Law
Expert:  Buachaill replied 1 year ago.

1. Firstly, if there are outstanding care home fees for the deceased, then the executor is under an obligation to discharge those debts arising from when the deceased was alive. Accordingly, the executor is obliged to discharge any care home fees outstanding at the date of death which pertain to the deceased. Secondly, an executor cannot seek to profit from their position in any way. Accordingly, an executor cannot sell a property at an undervalue, such as to a friend, as in such a case, the executor is personally liable for the shortfall in value which was not realised. Accordingly, if you can show the executor sold a property at an undervalue to a friend, you can call the executor to account and get the executor to make up the shortfall in value.

Expert:  Buachaill replied 1 year ago.

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