Who is responsible for property insurance?

Understanding who is responsible for property insurance is essential for homeowners, executors, attorneys, and business owners. Whether the property is going through probate, the owner is in long-term care, or it’s owned by a company, knowing who must arrange cover protects against costly mistakes and invalid claims.

The Legal Owner Is Usually Responsible

In most cases, the person or entity named on the title deeds is responsible for insuring the property. This ensures that if damage occurs, the claim can be paid to someone with a financial interest in the home.

When the Owner Is in Care

If the owner is in residential care and lacks mental capacity, an attorney acting under a Lasting Power of Attorney or a deputy appointed by the Court of Protection can arrange cover. In this case, the policy should still be taken out in the owner’s name, not the attorney’s, to maintain a valid insurable interest.

During Probate or After Death

When the owner has died, the property becomes part of their estate. The responsibility for insurance then falls to the executor named in the will or the administrator if there is no will. The policy should be arranged in the name of “The Executors of [Name]” or “The Administrators of [Name]”.

Relying on an existing policy in the deceased’s name can be risky. It may include conditions that are no longer valid or lack the correct cover for an unoccupied property.

Read our page Insuring an empty house after death for more information on how to get a quote.

For Company Owned Property

If a limited company owns a property, the company is responsible for insuring it. While a director or authorised person may arrange the policy, it must be in the name of the company to be valid.

Why Knowing Who Is Responsible for Property Insurance Matters

Incorrect policyholder details or failure to insure a property can lead to claim denials. In cases like probate, this could leave the executor or administrator personally liable for uninsured losses. That’s why it’s essential to ensure cover is correctly arranged and reflects the legal situation of the property.

How Insuristic Can Help

At Insuristic, we specialise in providing cover for empty properties for owners, during probate, while the owner is in care, or where responsibilities lie with legal representatives. Our policies are designed to ensure correct naming, broad protection, and no unnecessary costs, giving you peace of mind that the property is properly insured.

Ensuring you understand who is responsible for property insurance in your situation, whether you’re an executor, attorney, or owner, is critical for ensuring valid coverage and avoiding personal liability.

Learn more about our Insurance & Probate Risk Management Expert,and Founder of Insuristic

Rob Faulkner is a leading expert in executor insurance risk and probate insurance, with nearly 30 years’ experience in the UK insurance market. He is the founder of Insuristic, a specialist provider of probate-related insurance solutions and educational content for executors.

Rob is an ACII Chartered Insurance Broker, a Chartered Manager, and a Member of the Chartered Institute of Marketing. His background spans insurers, brokers, and Insurtechs, always focused on innovation, transparency, simplicity, and fair value.

He’s passionate about helping everyday people, executors, beneficiaries, and law firms choose the right probate property insurance or unoccupied home insurance, without jargon, inflated fees, or hidden commissions.

Rob is especially passionate about product development and improving insurance education through marketing, helping people understand what they are buying. These values sit at the heart of everything we do at Insuristic.

Want to learn more? Visit my author page or follow me on LinkedIn.