My mother passed away almost 13 months ago. Both her partner and I are trustees and executors of her estate. Her partner has a right of residence for as long as he wishes or until he enters into a relationship. He is required to ‘pay all rates and taxes and other outgoings and all premiums for insurance policies effected by the Trustee in respect of the house and contents and keep it in repair...”. My two sisters and I are the beneficiaries of the estate.
I phoned him recently to ensure the house is insured in case of bushfire (fires came within a kilometre). He told me that the house was not insured at all as my mother never had it insured. I don’t think he is a liar. However, this isn’t consistent with my mothers known behaviour. She had her car and other things insured. Regardless of whether this was or wasn’t the case, do I have the right to say that it should be insured and that he should pay for it? As trustees do we have to agree or does one of us have more say than the other? Can just one of us decide that insurance be paid?
(Further info: there is a unit on the property that is rented out. He has been living off that money when really it is income of the estate of which he is not a beneficiary. I did suggest in our phone call that maybe the money from the unit could pay for insurance. He said ‘no, I live off that money. You can pay for insurance if you want it’. I am in a position to be able to pay for insurance but my sisters are not. I feel as though I could hard line and demand the money from the unit but am not really wanting to cause him discomfort. I do, however, definitely want him to do the right thing.
I phoned him recently to ensure the house is insured in case of bushfire (fires came within a kilometre). He told me that the house was not insured at all as my mother never had it insured. I don’t think he is a liar. However, this isn’t consistent with my mothers known behaviour. She had her car and other things insured. Regardless of whether this was or wasn’t the case, do I have the right to say that it should be insured and that he should pay for it? As trustees do we have to agree or does one of us have more say than the other? Can just one of us decide that insurance be paid?
(Further info: there is a unit on the property that is rented out. He has been living off that money when really it is income of the estate of which he is not a beneficiary. I did suggest in our phone call that maybe the money from the unit could pay for insurance. He said ‘no, I live off that money. You can pay for insurance if you want it’. I am in a position to be able to pay for insurance but my sisters are not. I feel as though I could hard line and demand the money from the unit but am not really wanting to cause him discomfort. I do, however, definitely want him to do the right thing.