But while the prospect of bad weather is diminishing, it’s not the time for executors to be any less concerned about probate property lying empty.

Those legally responsible for an empty residential property must ensure suitable unoccupied property insurance is in place. Without it, the risk of significant financial loss should the property be targeted by vandals, flooded or suffer fire damage is very clear.

In the case of inadequately insured empty probate properties - the trustees could find themselves personally liable for losses if they were negligent; and their advisers could be exposed to a negligence claim if they failed to provide the PRs/trustees with adequate advice about protecting the property.

There continues to be many empty probate properties given the ongoing delays at the probate registry, though the situation is easing significantly (in February, HMCTS data showed the average waiting time for a grant is now down to just over four weeks). But while the housing market is slowly picking up, there is no guarantee of a quick sale – however promising it may first appear.

Arranging suitable property insurance and ensuring the property is checked while it lies empty are vital first steps to protecting the property and cutting the risk of damage and financial loss. To that end, probate practitioners are reminded of Watchman – unoccupied property insurance - designed specifically to cover the risk of unoccupied residential properties, including empty probate properties.

There are many risks associated with unoccupied properties, including exposure to the elements, flooding and water damage, electrical faults, burglary, arson and fires – and even squatting. It is critical to insure these risks appropriately with the best cover available.

Once a buyer for the property is found and the sale progresses, their conveyancer can be expected to ask detailed questions about the history of the property, including its condition and, for example, whether it has suffered damage while laying empty. They will want reassurance that any damage has been or will be rectified (whether previously or before completion) otherwise they could seek a price reduction. This is one reason why adequate and effective unoccupied property insurance is so vital.

Importantly, Watchman cover is simple to arrange and highly cost-effective and (unlike other policies), the policy usually covers risks including malicious damage and subsidence. There is a requirement that the property is checked every 30 days, a much less onerous requirement than other policies that expect a check every 7 days.

Many other unoccupied residential property insurance policies also demand payment of an upfront premium, which can exacerbate any cashflow issues. There is no such requirement with the Watchman policy – only a small initial deposit is required for cover to be in place, which executors often find a significant help if there is little cash available in the estate.

Cover is calculated at a fixed daily rate; and the full insurance premium is then paid on completion of the sale or (if earlier) within 12 months. Also, there are no hidden charges or cancellation fees.

Note that even with insurance in place, the PRs/trustees continue to have a duty to check for and identify any potential risks to the property. This might include arranging for regular practical checks of the property, disconnecting water and gas, removing valuables from external view and sealing letter boxes and cat flaps. These are important practical steps which should be considered.

For more information and a quote, contact us here. Watchman cover can be arranged on the same day by telephone from a friendly and knowledgeable team.