The Intermediary – October 2026 - Flipbook - Page 74
P RO T E C T I O N
Opinion
The most
overlooked risk
in probate cover
A
family member has
died. One relative
has the keys, another
is dealing with the
paperwork, and a
neighbour has offered
to collect the post. Everyone is helping.
But who’s spoken to the home insurer?
Cover gaps can emerge during
a handover, when a property’s
circumstances change before the
people responsible for it have
established who needs to do what.
Even with everyone acting in good
faith, an important conversation can
be overlooked.
For brokers, probate is about more
than identifying an empty home.
It is an opportunity to help a client
maintain a clear line of responsibility,
from the owner’s death through to the
property’s sale or transfer.
Ministry of Justice figures published
in September show that probate grants
issued in England and Wales during
April to June 2026 took around five
weeks on average, measured from
application to issue.
That does not include the time
before an application, or the period
aer a grant while a property is
prepared for sale and a buyer is found.
Timescales can vary. Applications
that were stopped took an average
of 14 weeks to result in a probate
grant, compared with two weeks for
those that were not stopped. That
variation reinforces the importance of
reviewing cover against the property’s
circumstances, rather than relying on
an expected probate timetable.
The question
A policy can set out what happens
when a home is unoccupied, but
it cannot establish which family
member has the keys, whether the
heating is still on, or who will notice
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The Intermediary | October 2026
a leak. Those details may seem
mundane, but can be essential to an
effective insurance conversation.
The Financial Ombudsman Service
(FOS) notes that policies rarely define
‘unoccupied’, and definitions can
sometimes be ambiguous. Brokers
should clarify the insurer’s position.
The broker’s contribution is to make
the situation visible. Who is dealing
with the estate? Is anyone living in the
property? When was it last occupied?
Who is visiting, and how oen? Has
the insurer been told about the death
and the current arrangements?
A home can change from occupied
to empty overnight, while its policy
continues with terms that were agreed
for different circumstances.
The half-answer
The sentence “it’s still insured” can
be accurate without telling the whole
story. The owner’s death does not
necessarily bring an existing policy
to an immediate end. However, the
insurer should be notified and the
continuing arrangements confirmed.
Unoccupancy can affect particular
sections of cover or bring additional
conditions into force.
Many home policies restrict cover
for risks including the, malicious
damage and escape of water aer
a specified period of unoccupancy,
commonly 30 or 60 days.
Brokers should avoid turning
this into a blanket assurance such
as “you have 30 days.” The beer
question is what will this insurer,
under this wording, cover in these
circumstances? The answer then
needs to be communicated clearly to
the person managing the estate.
Consider the difference between
saying “the unoccupancy clause
applies” and saying: “If nobody is
living there, tell us now. We need
JAMES COOPER
is trading director at Everywhen
to confirm what cover continues
and whether the insurer requires
inspections or other precautions.”
Own the conversation
Circumstances can change aer the
first call. A relative may initially
remain in the house and later move
out. A property may be cleared of its
contents, taken off the market or le
empty through winter. A proposed
sale may be delayed.
Each development may warrant
a review. The existing insurer may
agree to continue cover on amended
terms, or a specialist unoccupied
property policy may be appropriate.
Either way, someone needs to know
when to review the position and who
will contact the broker.
Brokers can help by confirming
the insurer’s response in writing,
explaining any inspection, security,
heating or water requirements,
and agreeing who will carry them
out. A scheduled follow-up can
provide another opportunity to
identify changes.
Aer a death, responsibilities may
be shared, plans may change and
insurance can slip down the family’s
list of priorities. Recognising that
possibility allows brokers to offer
practical support.
Their value is in asking a question
that might otherwise go unanswered:
who is looking aer the house,
and does its cover reflect what is
happening there now?
A clear handover, supported by
regular conversations, can help
protect an estate while its property
moves towards a new owner. ●
