Legal question about a will and property?

Question

a will was left dividing the assets, there are two executors of the will but four beneficiaries.

a very small - non-legal - list was left to share out some of the assets in the home, but the other things are creating tension.

how do they decide who gets what if there are two people fighting over them.... does the oldest executor decide? do the items have to be sold? what?

Answer 1

If I remember rightly from my mums will, if there's a dispute over any part of an estate then it must be sold and the profits divided equally

Answer 2

The easiest way to solve the problem of fueding heirs over multiple possessions (usually of miminal value anyway) is as follows:
The executor (s) breaks out the old monopoly game and evenly divides all the paper money. Each heir then gets to bid with his money on what he/she wants. Highest bid takes the item. Then move on to the next item. If you really want Grandma's brooch, then bid high.

Answer 3

If no resolution can be reached, then with consent the property can be sold to the fund divided accordingly, but it really will depend on the property. Because the list is not part of the will, the issue is that the no one can enforce against each other because no equitable interest or trust has been created, they will have to compromise.

Answer 4

I don't know the legal answer to this question, but my advice would be to get all parties together and ask them to talk things over in a friendly manner and see what CAN be agreed upon. Then ask if what cannot be agreed could be put before two independent to negotiate with those concerned. Keep personalities and solicitors out of it. Or you will have years of bitterness ensue over what amount to nothing compared with friendship and family.

Answer 5

I assume you mean that some items were not mentioned in the will, in which case its winner takes all. Why not list all of the items on seperate pieces of paper with all the benficiaires there and draw one out in turn untill everything has gone. Childish I know but so is arguing over who gets who and at least its fair.

Answer 6

i would agree to sell the item and split the money, however, it's a family heirloom, then why can't the two parties share the item?? 6 months with one and 6 with the other??

it's a shame that people have to be so cruddy to each other when someone just died....

shame shame.

Answer 7

I think the two greedy vultures fighting over a dead persons possessions, need to grow up.

Answer 8

I agree with janbull.