Am I liable for emptying a deceased's relative's flats unwanted furniture?

[Mr.P]

Am I liable for emptying a deceased's relative's flat of unwanted furniture?

[...]

Am I liable for any costs?

 

The executor named in the will would be responsible for clearing the flat and any costs would fall to the estate. There are a few charities that will collect furniture (if it is in good condition) for free. British Heart Foundation is one. Failing that, there are house clearance companies that will come in and remove everything for a fee (I was quoted £120 last year), but they won't tell you if there is anything of great value.

 

The three questions that need to be asked are:

 

 

1. Is there a will.
   
2. Who is named as the executor.
   
3. What is the value of the estate.
   

 

If there is no will, there won't be any named executors, and if the value of the estate is zero, then it is best to leave well alone.

[Mr.P]

I've still got access to the bank cards and pin numbers...

 

Without the proper authorisation, any attempt to access the deceased's accounts would be theft and possibly fraud. Before you empty the accounts, you must apply to the Probate Registry for Letters of Administration (often known as "applying for probate). Once probate has been granted you can then liquidate the assets, identify any remaining living relatives, and then distribute the monies according to the rules of intestacy.

 

Failure to apply for probate would leave you open to a very expensive litigation if an unknown cousin popped up out of the woodwork claiming a share. Intermeddling in an estate could also expose you to the risk of any debtors holding you personally liable. By clearing the flat, you may well have crossed the line of intermeddling. If you are in any doubts about possible repercussions, please seek the advice from a qualified solicitor conversant with probate.

[Mr.P]

For estates under £5,000, there is no fee payable for probate applications. For the sake of filling out a couple of fairly simple forms, it is worth the time if only for the protection it affords. Many institutions will refuse to talk to the OP without the appropriate Letters of Authority.

 

There will most likely be debts owing from the estate: DWP is the most likely, and will want to claw back any pension overpayments. If anything is due, it is likely to be a nominal amount (£100-200).

[Mr.P]

Dont forget her funeral expenses will have to come out if her estate as well.

 

Post #12 - Funeral was pre-paid.