Liability for property insurance

Trusts Discussion
1

I am dealing with a new probate matter where the deceased went into a care home some time before her death. Her affairs were dealt with by the local authority, who advise us that they “protected the property” and passed the task of applying for a deputyship order to a firm of solicitors located more than 250 miles away.

The house and garden are completely overgrown, to the extent that it is impossible to even get to the front door. As we cannot access the property we cannot insure it. We have asked both the local authority and the solicitors applying for the deputyship for information on insurance and both have come back to us with various excuses why they didn’t make any attempt to access the property or insure it.

Is there any precedent for local authorities who are supposedly protecting someone’s interests, or solicitors who are applying for deputyships, to take some responsibility for protecting the person’s assets? It seems very unfair that the executors are now expected to take responsibility for insuring the property when other professionals did nothing.

Jemima Baden

2

The executors have a duty to protect the assets of an estate.

Whatever the fairness of the situation before the client’s death, unless you insure the property, or can reasonably demonstrate that it is uninsurable, I suggest you run the risk of personal liability if any, otherwise insurable, damage occurs to the property.

Paul Saunders FCIB TEP

Independent Trust Consultant

Providing support and advice to fellow professionals

3

I have seen a claim by the Executor successfully made against a former Deputy (or at least against his firm) for failing to protect or act in the best interests of the deceased. I believe a settlement agreement was reached between the parties rather than actually going to court.
Maxine Higgins
TC Citroen Wells