Service charges on property - charged to specific legatees or residue?

Sorry if this is an obvious question but we have a Will where D’s share of the property was left to X and Y with a life interest for his wife. His wife predeceased him and he bought a flat (this is allowed for in the will as a purchase in substitution). There is a very high monthly service/maintenance charge which is payable until the flat is sold and the residuary legatee wants to know if this comes out of the proceeds of sale which are going to X and Y or from residue.

The will does not specify just says the property goes to Xand Y in unequal shares.

Many thanks

Kirsty Cartwright
St Helens Law

The burden of expenditure which would include insurance, service/maintenance charges and all other outgoings in respect of the property which is specifically bequeathed has to be borne by X and Y and deducted from the proceeds of sale.

Patrick Moroney
BWL solicitors

Many thanks , I thought this was the case but needed another opinion.

Kirsty Cartwright
St Helens Law

The specific beneficiaries would be liable for any outgoings relating to the property in question. I think the case is Re Rooke 1933.

Kamlesh Samji
KRS Estate Planning

I have a case where a Will leaves a house 75% to daughter A and 25% to daughter B. There is nothing in the Will as to how costs will be paid. Would the house expenditure from death up to the sale be borne by each daughter 75% by A and 25% by B? Would the same apply to the costs of sale i.e. estate agents fee and selling solicitors fee?

Yes, in accordance with previous responses.

Patrick Moroney

In the absence of any direction, or agreement, to the contrary, all expenditure (and any receipts) should be shared in the same proportion as the ownership – i.e. 75/25 between A and B respectively.

Paul Saunders FCIB TEP

Independent Trust Consultant

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