Pictured above: Laura Eaves
Burglars checking up on death notices can bring further
heartache after a loved one has passed away, a legal expert has
warned.
According to Laura Eaves, a solicitor in the private client
department at Stratford upon Avon-based Lodders, estates could be
at risk from inadequate insurance cover on any unoccupied property
after a death.
And that means a break-in might well be costly.
She cautioned: "This is of particular significance in the
present economic climate with properties standing empty for longer
than normal periods of time pending sale.
"When a sole householder passes away and leaves their property
empty, one of the first questions for executors is what they should
do about securing the property and protecting the assets within
it."
The insurer, once notified, might well confirm that cover would
be continued as per the standard policy terms. However, most home
insurance policies have very similar restrictions in their cover
which will automatically apply if the property is not lived in for
a period of either 30 or 60 days, whether or not the insurer has
been informed of the unoccupied status of the property.
Several risks are then excluded from cover - commonly loss or
damage caused by theft or attempted theft; malicious damage; and
loss or damage caused by escape of water from tanks, apparatus,
pipes or from fixed heating installations.
"Therefore a promise of continued cover on standard policy terms
is more or less useless as the most common risks when a property is
left empty are not covered," noted MissEaves. "This has led in many
cases to an estate being uninsured for many of the risks which the
executors believe the insurance policy will still cover.
"A lack of understanding of the exclusions under these terms
stretches beyond the policyholders and executors but also even to
the advisers working for the insurance companies. It is vital that
if continued cover is agreed by the insurer, the terms of the
policy are checked carefully and clarification is sought as to
whether the exclusions still apply or if the insurers are agreeing
to extend the standard policy terms to provide full cover and
override the existing policy wording, in which case a written
endorsement must be obtained.
"If the insurer has not been advised of the change in occupancy
status it could invalidate cover immediately."
Miss Eaves recommends people should advise the insurer
immediately and clarify the terms of the policy and any
restrictions in cover; remove any valuables from the property
within the first 30 or 60 days; arrange alternative specialist
insurance cover if required; review physical security arrangements;
arrange an inspection regime, at least once a week and record
visits in a log; deal with any maintenance issues immediately when
they arise; and review the settings on heating and water systems
and switch off mains services.
For more information on Lodders Solicitors LLP view their
website here: www.lodders.co.uk