Who pays the house clearance costs?

Trusts Discussion
1

Hello all.

I am dealing with an estate where there is a specific gift of residential property/PPR and a separate gift of chattels to a different beneficiary however this is not absolute and allows said person to select items they would like to keep only. The exact wording is “such of my personal chattels (as defined etc…) as s/he may choose and not otherwise specifically gifted by this Will…”

There is no gift over provision re the chattels so they fall to residue. My question is - are the costs of clearing the remaining personal chattels from the house borne by the residuary estate, or the legatees of the house?

Normally I would deduct costs relating to the property from the property value in the estate accounts, but because the chattels are gifted specifically to a named beneficiary I am thinking further into it and wondering if this should really be paid by the property legatees since the value of the remaining chattels not wanted passes to residue.

Any help would be greatly appreciated!

Thanks in advance.

2

I believe the beneficiaries of the property are entitled to receive it cleared of the contents (as they are not within the gift of the property). Accordingly, the cost of clearance would fall on the residuary estate.

Paul Saunders FCIB TEP

Independent Trust Consultant

Providing support and advice to fellow professionals

3

Thank you, Paul. This follows my line of thought and I really appreciate it. Best wishes.