Chattels without "value"

nanapop1977

I would appreciate some advice for dealing with household items that have no monetary value and how to distribute them amongst beneficiaries. 
I am one of two executors to my late mother's straightforward will - all her estate is to be divided equally her four children namely me and my 3 siblings.
Mum was a keen record keeper (as was my Dad who died many years ago) and so in sorting out her house, we have unearthed many log books, household accounts, diaries etc which are very personal to our family, and I believe should kept together within the family.
However, one sibling believes that they should be destroyed and another has taken several of them from the house saying as they have no value, what's wrong with her having them.
I'm not sure how to deal with this issue, both legally and fairly and any advice would be appreciated. 

xylophone

one sibling believes that they should be destroyed and another has taken several of them from the house saying as they have no value, what's wrong with her having them.

Is there any reason why they should be destroyed when one of you wants to give them a home?

It seems to me that the one who wishes to keep them for posterity is in the right of it.

theoretica

Anything the four of you are happy with would be legal and fair.  It is easy if one sibling wants some and others don't.  If more than one sibling wants them you can divide into a number of lots and take turns choosing, or agree one will have them and then pass on, or one have them and digitise them. 

Do you know why one sibling thinks they should be destroyed?  Is this thinking it would be the best course of action or actively wanting this to happen?

naedanger

nanapop1977 said:

I would appreciate some advice for dealing with household items that have no monetary value and how to distribute them amongst beneficiaries. 
I am one of two executors to my late mother's straightforward will - all her estate is to be divided equally her four children namely me and my 3 siblings.
Mum was a keen record keeper (as was my Dad who died many years ago) and so in sorting out her house, we have unearthed many log books, household accounts, diaries etc which are very personal to our family, and I believe should kept together within the family.
However, one sibling believes that they should be destroyed and another has taken several of them from the house saying as they have no value, what's wrong with her having them.
I'm not sure how to deal with this issue, both legally and fairly and any advice would be appreciated. 

Because all beneficiaries are due an equal share of the estate then I think the items need to be divided equally between the beneficiaries in the absense of any other agreement. Agree a method first and then follow through. E.g. the method might be to allow each person to choose one item (agree what constitutes one item before starting the process). Then repeat where each person gets to choose another item and so on. (Draw lots to decide who gets to choose first at each round.)

If one person wants to destroy items they get to destroy their share only. If one person wants no items they can (at their choice) either not take part, or take part and give their items to whoever they wish.

You could explain to the person who took items, that the problem is other beneficiaries also wanted some of the items they took and so the items should be shared fairly, with everyone getting a fair share.

nanapop1977

The reason for the wish that they be destroyed is that they are "private " i. e. contain historical financial information.
However this sibling also wants to throw everything into a skip!!
I think the idea of picking lots is a good one, but first I have persuade the sibling who has squirreled the items away to part with them! Wish me luck!

theoretica

nanapop1977 said:

 first I have persuade the sibling who has squirreled the items away to part with them! Wish me luck!

Only if others of you actually want those particular items, and want them more than getting first pick of other items and less family fuss. 

xylophone

However this sibling also wants to throw everything into a skip!!

Then that sibling wants none of the chattels?

That's fine - the sibling who wants the documents gets them all?

naedanger

xylophone said:

However this sibling also wants to throw everything into a skip!!

Then that sibling wants none of the chattels?

That's fine - the sibling who wants the documents gets them all?

Well it is possible they want them in order to destroy them. There may be things they want gone forever. In which case they are entitled to their fair share of them, which they can then put in a skip (at their cost).

xylophone

The OP could digitise the  documents before division so that a full record was kept.

Owain_Moneysaver

nanapop1977 said:

The reason for the wish that they be destroyed is that they are "private " i. e. contain historical financial information.

The Great Diary Project, or a local museum/archives, may be interested in taking the material, and archives can enforce a policy of no access to the material for eg 50 years after donation, which might be acceptable to the skip-thrower?

Brynsam

You're one of the two executors. Hopefully the other one is pragmatic. Rather than going down any of the routes above (which I fear could run and run), perhaps the executors could make a decision on what they believe to be fair and then just follow through? You're hardly going to end up in court for a few documents of no monetary value, unless someone is just on another planet.