Estate Dispute - who pays for upkeep of house

I have an estate which has had an ongoing dispute. Namely property gifted to one person and residue to children. Children were disputing validity of Will (3years) dispute has now been withdraw. This has prevented property being transferred to beneficiary and so the estate has been paying insurance bills and upkeep. Are these costs deductible from the residuary estate or should the costs of the house upkeep be paid by the beneficiary entitled to the property. I have treated them as a residue expense but the question has been raised. Thanks
Rachel Stafford
Rachel Stafford Legal Services

The expenses follow the gift, as does the income

Simon Northcott

As a general rule, and unless the will states otherwise, a specific beneficiary will be liable for costs relating to property he inherits (including outgoings on property i.e. water rates, insurance, gas accounts, electricity accounts, council tax) that arise between the testator’s date of death and the assent of the property to the beneficiary The beneficiary would also usually be entitled to any rents or profits from the property from the date of death (Re Rooke, Jeans v Gatehouse [1933] Ch 970).

A M Forster
Hibberts LLP