NSW Repairs to house not included in the will

[Maria Pickles]

I am one of the coexecutors of my fathers will.
He has willed the family home to us upon trust.
For 8 years, any of the 10 children may live in the home are required to keep the home in good repair and pay all taxes insurances etc.
When there is no one who wants to live in the home the property is to be sold.

The home is in need of repairs, rotting wood, peeling wall paper.

Can we as executors set aside some funds for these repairs as part of probate to bring the house up to a maintable standard?

Or should all the beneficiaries agree to fund these repairs?

 

[Tim W]

1. You and your co-executors are Testamentary Trustees of the house?
   That carries with it a certain landlord-like duty to keep the place
   habitable, safe, and secure.
   It does not, however, operate to allow you to renovate, or "do it up"
   with extensive new capital works. For example, you might repair a deck, or paint a pergola,
   but not build a new one. Or, you might replace an old and non-working built in barbecue,
   but not build a whole new outdoor area.
   
   
2. After debts, bills, and other distributions, is there any residual cash in the estate?
   
   
3. Who decides what a maintainable standard is?
   
   
4. If the condition on the tenants is to "keep" the place in good order and repair,
   then that does rather suggest that they commence their occupancy
   with it already in good order and repair.
   
   
5. Any burden on the beneficiaries would need to be agreed to by them.
   In this case, probably all of them, each.
   This is, in part, because you cannot always and automatically burden people with expenses they don't want to incur, or can't afford to incur, in respect of an asset that they don't want any part of, or from which they don't derive any benefit.
   
   
6. What will happen when 5 of the 10 children would prefer to sell (now?),
   but, say, one wants to live (keep living?) there?

 

[Maria Pickles]

Thank you Tim,

Your response clarifies that we need to keep repairs minimal and beneficiaries have to agree to use some of the estate residue for this purpose.
Though I think it would be better to ask beneficiaries to contribute separately.

The will is specific in allowing any family members to live there for 8 years.
The house would need to be vacant before it is sold which puts pressure on the family in different ways.

thank you again
Maria