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Jim Sisson
Aug 2022
When people pass away, they leave behind all kinds of assets and heirlooms. Property is often among the most valuable assets and managing property is a key concern for those tasked with dealing with an estate.
However, there are never any guarantees regarding the property's condition. While some may have been maintained to high standards for years, others may have fallen into a state of disrepair. Therefore, such issues beg the question – can (or even should) improvements or upgrades be made to a property in an estate?
To tackle this question, it is worth considering the role of a Personal Representative when it comes to property. In basic terms, they have to collect, protect, and maintain the asset in the condition it was in at the moment of the deceased’s passing.
As such, upgrades to the property are not their responsibility. However, they would be expected to deal with more general maintenance issues, such as water leaks, roof repairs, etc. In these scenarios, they must, for example, repair both the leak and any damage, so that the property is restored to its original condition.
The Personal Representative is not responsible for upgrading the property to maximise the sale value. Therefore, if (for instance) the property had a low Energy Performance Certificate rating and prospective buyers could not obtain a mortgage, the strict duties of the Personal Representative would be to dispose of the property in another way – for example, with a cash buyer.
Therefore, a Personal Representative must balance their responsibilities to any individual beneficiary against their responsibilities to the estate as a whole.
To be clear, the legal process of estate administration does not prevent any upgrades from taking place. However, such works are not a testamentary matter. As a result, there are a few things that need to be kept in mind:
In all cases, all parties need to agree before proceeding.
So, how could beneficiaries ultimately proceed? There are two potential avenues they could explore:
While upgrades to an estate property are not a testamentary matter, that does not necessarily mean that they cannot be arranged.
There are potential approaches that can be taken on the issue, so it is well worth considering your options if you are in this kind of situation.
If you'd like to find out more or have any questions, please get in touch using the form below:
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