Difficult situation with beneficiaries. How to divide moveable assets?

Tartanbuggy

Just coming back to this thread to thank everybody who has posted. There have been some really good ideas and it's nice to have some support. It says something that this comes from strangers on the internet rather than from my own family!

I will go down the route of issuing a ticklist of items first of all and then see what transpires. This may well work out OK but, if not, then decisions will have to be made. The solicitor has confirmed that in our case the legal position is that the final decision rests with the executor so, as somebody suggested, I will just have to stand my ground and not enter into "I should have x because .... " type conversations.

Once again, thank you to you all. I may well be back at some stage, snivelling and asking for more advice. There are times when I think it would have been easier if mum had just left everything to the cats' home!

g6jns_2

Tartanbuggy wrote: »

Just coming back to this thread to thank everybody who has posted. There have been some really good ideas and it's nice to have some support. It says something that this comes from strangers on the internet rather than from my own family!

I will go down the route of issuing a ticklist of items first of all and then see what transpires. This may well work out OK but, if not, then decisions will have to be made. The solicitor has confirmed that in our case the legal position is that the final decision rests with the executor so, as somebody suggested, I will just have to stand my ground and not enter into "I should have x because .... " type conversations.

Once again, thank you to you all. I may well be back at some stage, snivelling and asking for more advice. There are times when I think it would have been easier if mum had just left everything to the cats' home!

Think long and hard about the list method. It really is a recipe for chaos and endless argument. Worst case is someone could sue you for not administrating the estate correctly. Not a large chance but if the relatives really are as stupid as they sound...... An auction is a fool proof way of resolving matters without any risk of comebacks. Whatever you do good luck with it.

TBagpuss

Subject to he advice you get from your solicitor, if you are worried about people coming back and complaining / suing you,

send round the final list to everyone with a bit on the bottom for them to sign. Saying something like "I confirm that I consent to the items on this list being distributed in accordance with the list as set out. I understand that no items will be distributed until signed consent has been recieved from all beneficiaries and that in the event that there is no agreement, the items will be sold at auction and the proceeds divided in accordance with the Will dated ...."

That way, you are making it clear that you will no allow there to be endless arguments, as either people accept the list as drawn, or everything goes to auction. I have a friend who is a probate solicitor and she sas that they have done it this way - one advantage is that if there is one person who is being unreasonable and won't agree, then the others can see who that is, and can blame that person, rather than the poor executor who has made every effort to sort things out. You do have to be prepared to stand by what you decide, even if that means following through with the threat to send everything to auction if even one person continues to be arsey.

Alternatively, and again subject to advice, put in the covering letter that you have taken legal advice, and that you as executor have absolute discretion in how the items are distributed, that you have made reasonable enquries and believe that no single item is worth more than £x (maybe £500?) and that as such, if anyone believes that any of the items has a value in excess of that amount the n they must say so, and you will arrange for that item to be sold at auction to ensure that the true value is realized for the estate.

rosy798

The executors ofmy Mother's estate just sold everything of value without asking anyone, then dumped all the personal stuff. Breaks my heart, there were photos of my children when they were small, and my brothers who have died whenthey were small. Also a very special pair of ornaments I purchased for my Mum for £1 with my very first pay packet (of £1. 6 shillings) in 1969 when I was 13 years old. Rubbish to anyone else but to me and Mum priceless. Very painful time I am afraid