A Probate Type Question

[derekpara]

Brothers A & B are joint beneficiaries to their sister's estate.

Brother A inherits the property ( a flat) and brother B inherits the residue of the estate after all funeral and legal expenses are paid.

Brother A wishes to install a new kitchen in the flat before selling it by paying from his own funds and then claiming it from the residue by submitting invoices to the solicitor before the estate is wound up and dispersed according to the will.

Is this permissible ? Would the solicitor accept the invoices and pay from the residue, leaving brother B the loser , or would he/she be likely to reject them ?

[THECORBYLOON]

If brother B is entitled to all but the flat, why would brother A think he is entitled to be re-imbursed from a fund that is not his? Using the same logic, brother B could argue that he is entitled to a share of any profits from the sale in proportion to the sum taken from the estate.

[Buenchico]

Brother A has inherited the title to the property as it stands. If he wants to improve it before selling it on he must fund those improvements himself.

[derekpara]

Thanks to you both.

The Will describes brother A's inheritance as ' the flat.' Does that mean the flat and all its contents at the time of death - or the empty property ?

If the latter, then I assume everything in the flat is part of brother B's inheritance ?

D

[Buenchico]

Your assumption is correct. Brother B inherits all of the moveable contents of the property (but things such as a central heating system would be deemed to be fixtures and therefore part of the flat itself, thus being inherited by A).

[tonywiltshire]

I totally agree with both TheCorbyloon and Buenchico that Brother A inherits the property in the condition it is in and any improvements he chooses to make are at his expense and any receipts submitted to a Solicitor for payment from the estate would be returned unpaid if the Will of the deceased is as straightforward as stated.

[Jeza]

Where there's a will there's a relative. Fighting over the property of the deceased sickens me.

[THECORBYLOON]

I'm no expert but I would have said that unless the will stipulated brother A was to get the contents, they form part of the estate due to brother B. After all, if you're buying a house, unless otherwise stipulated, you'd not expect the previous owner's contents to be included.

[Peter Pedant]

I am sorry if you are the one who has been bereaved DP

Thank God for wills - especially simple ones

If it is anything like my family it is Brother A's wife who has put him up to this. I refer of course to 80% of wills litigation in the eighteenth cent were initiated by the fair sex. (who thought they had been unfairly treated)

[ladybirder]

I'm struggling to understand why anyone would think it would be OK to do that.

As Catherine Tates foul mouthed old granny would say, "What a ****ing Liberty".

[derekpara]

First of all let me say that there is no animosity in this (hypothetical ?) case. Both parties are fairly innocent of these matters and need to understand clearly what is permitted and what is not.

So, Jeza, there is no fighting, and I suggest that if you have nothing constructive to contribute to a question you should keep out.

Thank you all once again.

Happy New Year.

DP

[woofgang]

derekpara i am glad (and a bit amazed) that there is no fighting but your comment to Jeza was unwarranted.

[Jeza]

Strikes me there is fighting. A wants a refurb and wants B to pay for it.