NSW Can I Put the Costs on the Deceased Estate?

[snoop]

I have another question....

In context of my executor of will duties for a deceased estate...

The whole process is being drawn out due to a couple of "complications". The will divides the estate as percentages of the whole estate. It is the intention of one beneficiary to pay the others out and retain a property.

Due to the process being drawn out, there are a couple of bills which have to be attended to. That being rates and the removal of a tree which was obstructing power lines and placing the house at risk. I can contract these costs against the deceased estate, can't I?

 

[winston wolf]

Yes as they are costs directly to maintain the estate. The estate pays these costs.

 

[snoop]

Even if the beneficiary who is paying them out lives in the home? Perhaps I should split the charge per the % between the estate and the beneficary who is wanting to keep living in the house....

 

[winston wolf]

If the costs are to maintain rather than improve the property the estate should pay. The fact that the delay is caused by one beneficiary normally doesn't come into it.

 

[snoop]

Thanks so much! I really appreciate your time in clarifying this!

 

[Tommo1]

Thanks so much! I really appreciate your time in clarifying this!

What would the answer be if the beneficiary of the house has moved into it, would the estate be liable to pay for maintenance costs still such as rates, power, water?

To clarify, if nobody lives in the house or uses a vacant land parcel, the estate is liable to pay or reimburse whoever has been paying for these costs? What if it has been a drawn out process of probate, over 2 years?