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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71140
Experience:  Over 5 years in practice
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If you have a property in an estate, can you claim the costs

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If you have a property in an estate, can you claim the costs of maintaining that property and costs of selling it, if it is sold whilst the estate is still in administration, rather than transferring it to the beneficiaries.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

What costs are you hoping to claim please?
Customer: replied 4 years ago.

Solicitors fees for sale

Estate Agents fees for sale


Council Tax whilst property is unoccupied.


Utilties costs


Maintenance and selling costs incurred during the process of administration are payable by the executors from the estate.

However the executors are under a duty to act in the best interest of the beneficiaries and everyone of the beneficiaries want it sold, the executors should not sell it.

However if one of the beneficiaries want it sold, it must be sold

Can I clarify anything for you?

Customer: replied 4 years ago.

Does this mean that the fees for selling the property will be offset against IHT?

No, because IHT is based on the value of the estate at the date of death
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