Should the residuary estate bear the legal costs of communications in dealing with third party solicitors regarding the transfer of a property?.
X severed his joint tenancy in his property and left his 2nd wife a life interest in the same. Residue was to pass to various individuals. She survived him and on the death of the 2nd wife, his share in the property was to pass to his daughter. The estate administration for the 2nd wife (who died intestate) was dealt with by another firm of solicitors. There has been some delay in time (not unexpected given the current climate) in waiting for the grant to the estate of the 2nd wife. X’s residuary estate is partly distributed. The property is now ready to be sold by the estate of the 2nd wife.
Should X’s residuary estate bear the ongoing legal costs relating to the property sale OR should the costs be borne by the daughter as the beneficiary of the specific asset.
Tolleys Admin of Estates makes reference in E6.15 that a “beneficiary of a specific legacy is liable for costs of the transfer of the asset to him, including transport and delivery………but not for the cost of transferring the property into the name of the legatee.” This is the only reference I can find which comes close to this situation.
Joanne Ball Solicitor