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House insurance, probate

  • 05-10-2018 10:38am
    #1
    Guffy
    Registered Users, Registered Users 2 Posts: 8,240 ✭✭✭


    I'm trying to insure my deceased fathers house which is currently in probate. He passed away mid 17 without a will and the letters of administration have recently been issued.

    Can anyone suggest where or how to insure this? My own insurance company has said i dont have an insurable interest as it is still in probate.


Comments

  • #2
    ASOT
    Registered Users, Registered Users 2 Posts: 7,750 ✭✭✭ASOT


    Guffy wrote: »
    I'm trying to insure my deceased fathers house which is currently in probate. He passed away mid 17 without a will and the letters of administration have recently been issued.

    Can anyone suggest where or how to insure this? My own insurance company has said i dont have an insurable interest as it is still in probate.

    Kidd insurance should be able to sort you out.


  • #3
    coylemj
    Registered Users, Registered Users 2 Posts: 25,622 ✭✭✭✭coylemj


    Guffy wrote: »
    Can anyone suggest where or how to insure this? My own insurance company has said i dont have an insurable interest as it is still in probate.

    The executor should be able to insure it, the policy would be in the name of 'The estate of xxx'.

    And I can't see how they can claim you don't have an insurable interest since if he died intestate you will be entitled to a share of the property so if it were to burn down in the morning, your 25/33/50% share would go up in smoke.

    You said your insurance company, ring a few others.


  • #4
    Guffy
    Registered Users, Registered Users 2 Posts: 8,240 ✭✭✭Guffy


    coylemj wrote: »
    The executor should be able to insure it, the policy would be in the name of 'The estate of xxx'.

    And I can't see how they can claim you don't have an insurable interest since if he died intestate you will be entitled to a share of the property so if it were to burn down in the morning, your 25/33/50% share would go up in smoke.

    You said your insurance company, ring a few others.

    Have rang a couple. I tried to use that point but they weren't having it. It's mad. They literally said the house is un owned and cant be insured until probate has finished.


    Will give Kidd insurance a call.


  • #5
    hullaballoo
    Administrators, Entertainment Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 18,774 Admin ✭✭✭✭✭hullaballoo


    That's absolute rubbish from the insurance companies. Beneficial interest in the house vests from the date of death in those entitled to it under intestacy rules.

    Nonetheless, the personal representative(s) under the grant of administration now have legal title on trust and have an insurable interest so to speak and can have it insured. In fact, the legal reps are now responsible for the property should anything befall it prior to distribution, so whoever they are, they must have it insured as a matter of priority to protect against personal liability in the event that the property is in any way disturbed during the administration.


  • #6
    nuac
    Registered Users, Registered Users 2 Posts: 6,769 ✭✭✭nuac


    Following the insured's death the Per Rep has an insurable interest.

    That has been the position afaik thru many years of practice.


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  • #7
    Eggs For Dinner
    Registered Users, Registered Users 2 Posts: 3,053 ✭✭✭Eggs For Dinner


    Is the property now unoccupied? That will be a bigger issue than it being in probate. Also, did your father have a policy on the house because that insurer would be my first port of call. If there was never insurance on the place, insurers are reluctant to take out a policy at this stage. The thinking being that a potential problem with the property has been identified and a claim could follow shortly


  • #8
    Guffy
    Registered Users, Registered Users 2 Posts: 8,240 ✭✭✭Guffy


    There is currently an occupant. My fathers partner at the time of passing.

    It was insured by RSA through 123, but that lapsed in September 2017. It was only made known to us last week. I contacted the solicitor but he took off for the weekend at 11am


  • #9
    coylemj
    Registered Users, Registered Users 2 Posts: 25,622 ✭✭✭✭coylemj


    Guffy wrote: »
    It was insured by RSA through 123, but that lapsed in September 2017.

    The break in cover is your problem, they're using 'lack of insurable interest' as an excuse.

    The OP in this recent thread over in Banking & Insurance allowed policies on two rental properties to lapse for 18 months and now he can't get a quote from anyone....

    https://www.boards.ie/vbulletin/showthread.php?t=2057915150


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