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Aston Lawyer
Aston Lawyer, Solicitor
Category: UK Law
Satisfied Customers: 10493
Experience:  LLB (HONS) Over 23 years legal experience specialising in Property law and Wills/Estates
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My brother died last year. He has a property and mortgage solely

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My brother died last year. He has a property and mortgage solely in his name. He made a will leaving everything to his wife and she and I are the executors. Probate has been granted. It is an interest-only mortgage totalling circa £300K and the value of the property is circa £450K. His wife has placed the property on the market as the current mortgage payments are too much for her to continue paying for much longer. It is appreciated that the mortgage is a secured debt and that by continuing making the monthly payments his wife has been able to stay in the property. However, my question is: "Are the interest payments she has made since his death recoverable or do they continue to form part of his estate until the mortgage is fully redeemed?"

Aston Lawyer : Hello there
Aston Lawyer : Thanks for your enquiry.
Aston Lawyer : The interest accrued on the Mortgage is a debt of the Estate.
Aston Lawyer : Howver, as your sister in law is the beneficiary of the Estate, she takes the property subject to the Mortgage, so it is her responsibility to continue with the Mortgage payments until the property is sold.
Aston Lawyer : I'm not 100% clear if this answers your question, and why this point is an issue. Perhaps you could clarify.
Aston Lawyer : Thanks
Aston Lawyer : AL
Customer: This is as I expected but she appears to be getting 'advice' from well-meaning friends which have resulted in her become convinced that the payment she has made since my brother's death should not have been made.
Aston Lawyer : Hi,
Aston Lawyer : I really don't follow her understanding!
Aston Lawyer : If she is the sole beneficiary, even if she were to "reclaim" the interest payments, this payment would have to be deducted from the Sale proceeds that she will receive! So, all she would be doing is taking these payments from herself!
Aston Lawyer : At the end of the day, she takes the property subject to the Mortgage, so she and she alone is responsible for paying the Mortgage.
Aston Lawyer : Does this assist you?
Aston Lawyer : Kind Regards
Aston Lawyer : AL
Customer: Nor me but as joint executor dealing with someone who is emotionally troubled as a result of her bereavement I just need to have some reassurance that my advice to her is valid, ie, her mortgage payments made since my brother's death will not be repaid by the lender when the mortgage is redeemed.
Aston Lawyer : Hi, I appreciate what you say. You will just need to try and be sympathetic and explain that unfortunately these payments won't be refunded as the debt carries on running notwithstanding your Brother passing on. As you have said, it is a secured debt against the proeprty, and hence continues come what may, until it is fully redeemed.
Aston Lawyer : Good Luck.
Aston Lawyer : If I have assisted, I would be grateful if you could leave positive feedback.
Aston Lawyer : Kind Regards
Aston Lawyer : AL
Customer: Very many thanks and most helpful. Sorry about the slow typing
Aston Lawyer : No worries. Thank you!
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