Executors claiming personal belongings left behind.

[MN2025]

Hi all,

Interested to know thoughts on this. We have recently purchased our forever home - it was a probate property.

The executors of the deceased have put a note through the door asking if they can have access to the loft to remove belongings of their loved one up there.

To put timescales into perspective, we moved in here in Mid January, it’s now early April.

There were belongings up there which we had removed (nothing that I’d say was sentimental) and had tried to contact the executors if they’d like it but no luck so we disposed of them after a month (as we are completely renovating the property and converting the loft so we have no where to store them) I have told them this but they’re now claiming that we disposed of them unlawfully and that they want us to re compensate them.

The items in question were old records, books and boxes of junk pretty much that were probably no use to a charity shop!

I don’t think I’m being unreasonable at all but interested in other peoples thoughts?

The executors were a nightmare to deal with throughout the sale process, they wanted to leave furniture inside the property along with white goods, the estate agent had to tell them 3 times we did not want it!!!

I'm going through a sale of a house now as an executor.

We have cleared the house except the garage and that is imminent. I would never dream of just leaving stuff on the property and then 4 months after the sale completed rocking up and asking if I could get stuff out of the loft. That is deranged!

If things were left on the property and not listed on the T10 form then it's totally up to you what you do with them. That you tried to contact them and waited a month before disposal is more than fair.

I'd compensate them with a kick up the arse.

I'm pretty sure after you get the keys, the land and everything within it are yours to do with as you please

I would explain that any items left in the property were part of the sale, and have been disposed of.

I wouldn't remotely consider compensating them in anyway.

If they get sticky tell them the law and tell them all that was up there were some filthy old rat chewed shoes and some boxes of bubble wrap

I think you've been very fair, letting them know and waiting a month.

Are you in England? When we bought the previous owners left a load of shit. Heaps of stuff in every room that we had to pay to dispose of. Our solicitor at the time said they were supposed to leave it empty as agreed and we could in theory charge them. We didn't as just wanted the whole house buying nightmare over with.
Short version is I think the law is on your side here but I am not a property solicitor!

You have behaved entirely reasonably. You took perfectly sensible steps to contact them, they ignored you.

They can go whistle for compensation. Depending on the wording of the conveyancing contract, you could even be within your rights to claim compensation from them for the expenses of disposal of their junk (not always included)

Tell them to leave you alone and any further contact will be reported as harassment. If they attempt to take you to the small claims court, you will win.

Absolutely this! I also seem to recall if you're not expecting anything to be left in the property then the vendors are liable for the costs of removal too! (Not verified!)

Counter claim for having to dispose of the stuff

Presumably it was sold with vacant possession so they don't have a leg to stand on.

I’ve just this last week sold my old family home as executor.

Anything left inside is now the new owner’s. We went through every loft and cupboard. The lawyer was clear about being very careful.

Just goes to show how fraught house buying is .
I had the exact opposite !
My parent died so house on the market . Stripped out all personal stuff such as clothes , bric brac stuff , bedding , towels etc .
House sold , so started asking around friends & family if they wanted any household items . Few things were fairly new so washing machine , t.v. , hoover were claimed .
Then started to phone around house clearance places .
Thought estate agent might have recommendations so contacted them .
About a week later had call from estate agent to say the buyers would like to keep everything !
So basically they moved into my parents life . Thought that a bit weird but it saved me the hassle of doing the house clear .

I don’t think you’re being unreasonable.

They should have emptied the property on completion not left stuff there, you’re not a free storage company.

You were absolutely entitled to get rid of any stuff they left behind.

No. You tried to give it back. If anything they owe you storage fees for leaving it behind.

From a legal stand point you can charge them for disposal costs, they cannot charge you for anything (it was their job to remove it BEFORE completion).

Some "old books and records" can actually be worth a fortune and one persons junk is another's treasured possessions.

Out of kindness I would have probably have dropped them a note before disposing of them. But what is done is done.

They were pretty stupid for leaving them lying around and you should see what your contract says about vacant possession.

OP has already said they tried to contact them!

Our elderly seller left loads of stuff behind in the house. He’d failed to pack and clear it in time, despite knowing for months when it would complete. He refused to come back and get it. We had to pay for house clearance and then the solicitor got the money back from him to cover the cost. So we weren’t out of pocket but did have a lot of inconvenience.

You should be charging them for the disposal! It’s their fault they didn’t clear the loft.

They did try to contact them

They are batshit ! You can't rock up months later and expect to find your stuff and if not be compensated.
Honestly some people !

Have you not got back in touch with your conveyancing solicitor? The executors who sold the house are being completely unreasonable. You could be counterclaiming for the cost of disposing of all the stuff they didn't bother to clear before completing the sale

What dickheads. Have your solicitor send them a bill for removal of their shite.

And I don't say that lightly. I've been an executor and sold recently.

I don't think they've a leg to stand on.
There may have been items that they didn't know were in the loft and quite possibly some if it was sentimental value or worth something.
However contacting 3 months after house sale is too late and you were in your rights to dispose of it, particularly as you tried to contact them.
If they become a pain you could ask your solicitor to wrote to them but they would cost you.

If you’ve got the items I’d let them have them, but you’re under no obligation legally to either give them to them nor have kept them. They property will be sold as seen with a probate matter and they should have cleared it.

The whole point of the post is that they disposed of them

If it was sold as vacant possession, then just reply with the bill for having to remove the stuff yourselves.