Meet the Other Phone. A phone that grows with your child.

Meet the Other Phone.
A phone that grows with your child.

Buy now

Please or to access all these features

Legal matters

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

Inheriting house, section 77 letter

8 replies

JustSaltPlease · 02/09/2024 13:43

My dad owns the house which is situated on a high terrace. The wall in front is in serious disrepair.
My dad passed away and we, the executors have received the attached letter.

From what we understand, my dad's house insurance refused to pay out, citing that the wall was never built to last?? It was there when dad moved in so not sure what they mean. Can't find any previous correspondence relating to the matter but have requested this from the council.

What are my options here. Can we reject the house inheritance to avoid liability, will we have to pay for the wall? Will money in the estate also have to be disinherited if the house is. There is only about 13k cash, repair bill estimated over 100k.

Any advice would be welcomed

Inheriting house, section 77 letter
Inheriting house, section 77 letter
OP posts:
Bromptotoo · 02/09/2024 13:48

What would the hose be worth once repaired?

Would it be mortgageable?

Could you sell it 'as is', probably by auction.

JustSaltPlease · 02/09/2024 13:56

Estate agent valued it at around 90 of wall fixed. We sought out a we buy any house in any co edition company who quoted 60k but have only seen Google maps photos

OP posts:
Bromptotoo · 02/09/2024 14:03

Having looked at the legislation your problem is a need to act fast.

Professional advice from a chartered surveyor might be a start?

WappityWabbit · 02/09/2024 14:13

Speak to a solicitor in the first instance. You may be liable if you are the named beneficiaries but you'll need to act quickly. Don't ignore this.

LumpyandBumps · 02/09/2024 14:36

It looks like the local council will step in and make the area safe, and then charge the property owner. The area I would be most concerned about is who is regarded as the current owner.

It sounds like the matter started when your father was alive, if his insurance company have been involved.

You definitely need legal advice. The executor may be able to pursue the insurance company, and they may reconsider.

As far as I am aware you can’t inherit a debt. Debts do need to be paid from the estate, so all monies will be expected to go towards that, so effectively if there is no money left over you will inherit nothing.

prh47bridge · 02/09/2024 15:50

LumpyandBumps · 02/09/2024 14:36

It looks like the local council will step in and make the area safe, and then charge the property owner. The area I would be most concerned about is who is regarded as the current owner.

It sounds like the matter started when your father was alive, if his insurance company have been involved.

You definitely need legal advice. The executor may be able to pursue the insurance company, and they may reconsider.

As far as I am aware you can’t inherit a debt. Debts do need to be paid from the estate, so all monies will be expected to go towards that, so effectively if there is no money left over you will inherit nothing.

The current owner is OP's father's estate, of which OP is the executor.

@JustSaltPlease Rejecting the inheritance won't take the problem away as you are the executors of the estate and the estate is liable for the repairs. You need to take this up with the insurers.

purpleme12 · 02/09/2024 15:54

The insurance company are saying that the wall being not in a good state of repair is because of wear and tear. Because they expect you to do general maintenance on the house/walls.
That's why they're saying they're not paying out

(From your OP)

Dorisbonson · 02/09/2024 16:02

I would get some other quotes. Insurance companies and councils tend to deal with larger organisations and only those organisations will to do lots of paperwork for them. Smaller companies will often be a lot cheaper.

This company seems to indicate far cheaper prices:
Cost To Build a Retaining Wall - Estimates, Prices & Contractors (gradedtradesmen.co.uk)

New posts on this thread. Refresh page