Executor dealing with FirstPort service charges on parents' retirement flat

[PlumDeer]

I’m hoping for some advice - both my parents died last year, their only asset being a Mccarthy and Stone flat. I am the executor, have probate and the flat has been on the market since January. My problem is with FirstPort who manage the property. The service charge is now due and I asked for it to be deferred until the flat sells as this is the only asset. They said not unless I had a buyer. Now they have offered a payment plan of £500 per month. Has anyone else dealt with this? Surely I am not personally liable to pay the charge . Should I get legal advice? Thanks

Urgg, these guys can be a nightmare to deal with. If there's any money left in the estate then you'll need to pays the service charges. If there's no funds you can ask for the fees to be deferred until the property is sold. Have you spoke to them ?

sorry for your loss.

there are threads about mccarthy and stone on here from people in the same position.

have a look at those but dont get your hopes up :-(

Playing devil's advocate.
What would happen if you didn't pay and told them in writing you would pay once the flat is sold?

Are they just bullying you into paying with threatening letters?

Thanks for your responses. I have sent them an e mail very clearly stating I am not personally liable for payment and that the estate will pay accrued charges when the flat sells. It does feel like bullying and a total disregard for the law - I am not the leaseholder of the flat, the estate is and that’s where the liability lies. I will look for the other threads mentioned, I was feeling so anxious and low about it last night I posted in desperation!

There is a Facebook group for MS owners and executors in this situation, many flats have been om the market unsold for 5 years+ and are now liable to pay double council tax.
if the flat has been bequeathed to a named person service charges are payable, if the flat is in the estate and there is no money Service charges can be rolled up and paid upon sale.

Why not auction it? It will at least get it off your hands

There’s been a lot in the press lately about this. Absolutely horrendous to deal with. People trying to hand back keys etc.

A flat was listed for twice £5,000 and failed to get any bids because the service charges are £1300 + per month there are also 13 vacant flats in the block.

In theory, these type of places are fab and what we need more of. But the stories of those who have to deal with the sale after the owner has passed are shocking to say the least.
I hope you find the other MS chats pp referenced OP. Stand firm and don't let them bully you !

They tried it on with me when my dad died by trying to charge me the 1% sale fee before the flat had even sold. Just tell them they have to wait. You are not responsible as executor, the estate is.

Seems like they are just as bad as they were 10 years ago.

Was the flat inherited outright by a beneficiary, or does it need to be sold to satisfy the terms of the will? If someone has inherited it, then yes, they become liable for the whole service charge as the property belongs to them.

However, if the will specifies that it must be sold, then it remains the property of the estate. Firstport may play hardball with you to have funds released from the estate to meet the obligations of ownership, but if there are no funds, then they will have to wait. They will become a creditor, so the debt would have to be paid before the estate can be disbursed to beneficiaries. It's worth being very open with the beneficiaries about this, as they may see significantly less inheritance than they were expecting.....

But in all cases (unless you are also the beneficiary of the flat outright) you as executor are not personally liable for the expenses of the estate - just as HMRC can't pursue you as executor for any tax remaining on the estate, for example.

Update
Thanks to everyone who responded. FirstPort continued to try to force me to pay and they ignored my argument that I was not personally responsible and that the estate had no liquid assets so deferment was the only option for me. It felt like a form of gaslighting in that they never actually responded to what I was saying or asking. By this point I was extremely stressed, not sleeping and getting myself in a right state.
I had instructed a solicitor to handle the sale of the flat back in February and I got in touch with her about it - she was incredibly helpful, consulted with a colleague and contacted FirstPort acting on my behalf basically saying there was no money until the flat sold, I agreed to pay them accrued charges on completion from the estate , end of story.
I had no communication back from FirstPort in response but two days ago the online account showed a £24 arrangement fee for setting up a payment deferral so it looks like the solicitors email worked.
I was fully prepared to have to pay the solicitors for their time but they helped me free of charge which was amazing.
I have no words about how FirstPort treated me - they are beyond contempt.

I’ve had professional experience with FirstPort and confirm they are awful. You have to play hardball and it seems like you have with your solicitors help so well done.

That is awful.

If you have time, please send an email to Rip Off Britain. If they get enough emails about a rogue company, they will often investigate them and stop other people going through what you have been through.

You could just send them a link to this thread to save you time.

Hope thats somewhat of a relief for you OP.... and nice of the solicitors to step in free of charge!! Hopefully you don't hear any more from then now

Yes the solicitor who was dealing with the sale of my dad's flat was shocked at their antics too.

Glad you pushed back. Bastards.