Can I clear a house before I get Deputyship?

JulesJ1

New member
Aug 11, 2022
4
0
I have applied for a Deputyship for my "Auntie" following the sudden and unexpected death of her husband. She is in a Nursing Home and unable to communicate but she is next of kin so everything has gone to her and made it very difficult for me as a lot of companies will not deal with me until I have Deputyship (sadly she didn't do a Power of Attorney) and I have been told Deputyships are taking 8-9 months at present.
Can I clear anything from the house or do I have to wait until I have Deputyship?
 

Louise7

Volunteer Host
Mar 25, 2016
4,693
0
Hello @JulesJ1 and welcome, you'll find friendly support and advice here. With regards to your question do you mean empty the house completely to prepare for sale or just remove valuables, documents etc for safekeeping? Does your "Auntie" or her late husband have any family members who may have an interest in the situation? It sounds like this may be a situation where it would be useful to seek legal advice, just to cover yourself in case of any problems later, but I'm sure others will be along with more advice, and possibly some will have been in the same position themselves. On a separate note, if you intend to sell the property make sure that you include this within your deputyship application to avoid having to make a further application at a later date.
 

nitram

Registered User
Apr 6, 2011
30,081
0
Bury
Assuming there is not a will naming an executor to deal with your uncles will you need to apply for Letters of Administration
You should pay any funds owing to her into her account although I would be tempted to settle any debts she has with the nursing home. As with the previous answer best take legal advise.

Any joint accounts will have become sole accounts in her name outside of any will.

You can apply for DWP appointee https://www.gov.uk/become-appointee-for-someone-claiming-benefits to handle her state pension and any benefits, application is simple and free.
 
Last edited:

thistlejak

Registered User
Jun 6, 2020
486
0
In addition to asking to sell the house ask for an interim order so that you can get the house sorted and put on the market.
You will need to inform utilities and the LA about the house being empty and that you are applying for Deputyship so that they will have to wait for any payments. You shouldn't have to pay council tax as the 'owner' is in a care home and we didn't have to pay water rates on an empty house. Unfortunately you will have to pay empty property insurance and then claim it back later when the Deputyship is granted.
 

JulesJ1

New member
Aug 11, 2022
4
0
Hello @JulesJ1 and welcome, you'll find friendly support and advice here. With regards to your question do you mean empty the house completely to prepare for sale or just remove valuables, documents etc for safekeeping? Does your "Auntie" or her late husband have any family members who may have an interest in the situation? It sounds like this may be a situation where it would be useful to seek legal advice, just to cover yourself in case of any problems later, but I'm sure others will be along with more advice, and possibly some will have been in the same position themselves. On a separate note, if you intend to sell the property make sure that you include this within your deputyship application to avoid having to make a further application at a later date.
Thanks Louise - there aren't any family and I am named as executor and beneficiary on both wills with another friend and we get on really well (thank goodness). We have already removed valuables for safe keeping but ideally would like to clear the house but not sure if we have to wait till we get the Deputyship?
 

JulesJ1

New member
Aug 11, 2022
4
0
In addition to asking to sell the house ask for an interim order so that you can get the house sorted and put on the market.
You will need to inform utilities and the LA about the house being empty and that you are applying for Deputyship so that they will have to wait for any payments. You shouldn't have to pay council tax as the 'owner' is in a care home and we didn't have to pay water rates on an empty house. Unfortunately you will have to pay empty property insurance and then claim it back later when the Deputyship is granted.
thank you for your help - I was hoping to have it all sorted in a few months but its already been 6 months and I'm still waiting for the Deputyship. It's doing my head in and i live 650 miles away from the house so it's not easy!
 

nitram

Registered User
Apr 6, 2011
30,081
0
Bury
As executor you can apply for probate on your uncle's will, distribute funds accordingly and get that out of the way.

It's unclear whether your friend is also an executor, if so one of you can either renounce leaving it up to the other, much easier signing documents, or renounce with power reserved meaning they can change their mind.
Scroll down to

If you do not want to be an executor


If auntie is also an executor , maybe by virtue of being a beneficiary, she obviously cannot act.
Contact the Probate Registry, as LPA you may be able to renounce (with reservation, in case capacity returns?). If the will appoints her as trustee as well as as executor you need legal advice.
 

Wishful thinking

Registered User
Jun 30, 2022
10
0
Gloucestershire
I have applied for a Deputyship for my "Auntie" following the sudden and unexpected death of her husband. She is in a Nursing Home and unable to communicate but she is next of kin so everything has gone to her and made it very difficult for me as a lot of companies will not deal with me until I have Deputyship (sadly she didn't do a Power of Attorney) and I have been told Deputyships are taking 8-9 months at present.
Can I clear anything from the house or do I have to wait until I have Deputyship?
I would be very cautious of disposing of anything until you have the Deputyship and to make a note and copy of everything you do in connection with your Aunts affairs.Best to get legal advice just to protect yourself because however well meaning you are without the correct authority difficulties may arise in the future.