From Probate to Prosperity

Imagine a charming Edwardian house standing empty on a desirable street, its potential hidden beneath overgrown gardens and dusty windows. This wasn’t just any empty house; it had been a source of frustration for the local council and a thorn in the side of the neighbourhood for over a decade.

The story behind the house was as tangled as the ivy creeping up its walls. The original owner, Ethan, had passed away without a will, leaving the property to his wife, Ilsa. Ilsa, too, died intestate, leaving the inheritance to their only child, Benji. Benji, however, wasn’t interested in the burden of the house or the complexities of probate. He simply walked away, leaving the property to its fate.

This is where we come in. We are a team dedicated to bringing empty homes back to life BEHBIU*. The council, desperate to see the property used again, reached out to us for help.

Our first task was to locate Benji. We found him, living far away, and offered to navigate the probate process for him. Unfortunately, Benji wasn’t interested. He didn’t want to deal with the property, the potential inheritance tax, or the outstanding council tax. He simply wanted nothing to do with it.

This presented a challenge. Benji’s refusal to engage created a stalemate. The council, however, wasn’t willing to let the situation fester any longer. They wanted the house brought back to use and their dues settled. The neighbours, fed up with the eyesore, shared the council’s sentiment.

Probate issues, though complex, can offer solutions. In this case, section 116 of the Senior Courts Act 1981 (s.116 SCA) was a huge help. This law allows the court to appoint an administrator for an estate, even if the rightful heir doesn’t want the responsibility. With a court order under s.116, we were empowered to act on behalf of both Ethan and Ilsa’s estates. We settled all outstanding debts, including those owed to the council and HMRC. Finally, we sold the property.

Throughout the process, we kept Benji informed, even though he maintained his stance of non-involvement. The sale proceeds were deposited with the court, with Benji being duly notified.

The happy ending? A young family purchased the house, breathed new life into it, and joined the neighbourhood community. The council was relieved, the neighbours were thrilled, and we, well, we’re always delighted to see a BEHBIU* success story!

Facing a seemingly impossible empty house situation? Don’t despair! We’ve likely encountered something similar and can offer a solution. Contact us today.

*BEHBIU: Bring Empty Homes Back Into Use