Distribution of personal goods not in a will

hairyslug

Quick question, when only a physical property and no personal possessions are in a will, how are the personal belongings of the deceased allocated to siblings and relatives.
Is it the responsibility of the executor the make sure that these are distributed evenly.

P. Breathnach

I would expect that any well-drafted will would have a clause saying where the residue of the estate is to go. Personal effects, unless otherwise bequested, are part of the residue.

It is the duty of the executor to distribute them.

Many items will have no commercial value. How they are dealt with is in practice (whatever the legalities) a matter for family agreement. I would expect the executor to work out the agreement with interested parties.

coylemj

P. Breathnach wrote: »

I would expect that any well-drafted will would have a clause saying where the residue of the estate is to go. Personal effects, unless otherwise bequested, are part of the residue.

+1 but if there is no provision for the residue (e.g. a DIY will), the effects the OP is talking about are distributed as if they comprised the entire estate and the deceased died intestate.

That's the legal answer, in practice I suspect we're talking about a collection of items with little or no value so the siblings should probably be asked to agree amongst themselves how they should be divided up.

hairyslug

Thanks all, only the property itself was in the will, Contents where not mentioned

If one person on the will disagrees with the distribution of low value items and has issued legal proceedings, is the solicitor who has organised probate and advised the executors able to represent the executor or would it be considered a conflict if interests.

Also, this may sound obvious but what constitutes a house in good condition, without trying to get into to many details, the house has been empty for 4 months, the garden is over grown and whilst the house is partly cleared for preparation of sale, it is in no way tidy. There is money available to get the house ready for sale but in issue has arisen due to the current condition of the house.

P. Breathnach

The solicitor handling the probate is working for the executor, so it is entirely appropriate that he or she should represent the executor in any conflict Anything else would be odd.

The executor is obliged to act prudently in the best interest of the beneficiaries. In general, it is prudent to spend some money in getting a property in the best condition for sale (but stopping well short of the executor acting as a property developer).

In some circumstances, the funds might not be available to put a house into good condition. Suppose that the testator left the house to A, and all his money to B, then it would be difficult to take some of the money from B so that the house can be fixed up.

coylemj

hairyslug wrote: »

If one person on the will disagrees with the distribution of low value items and has issued legal proceedings, is the solicitor who has organised probate and advised the executors able to represent the executor or would it be considered a conflict if interests.

The solicitor who did the probate and advised the executor is the right person to handle this, why would you go to a new solicitor? And where is the conflict of interest?

hairyslug wrote: »

Also, this may sound obvious but what constitutes a house in good condition, without trying to get into to many details, the house has been empty for 4 months, the garden is over grown and whilst the house is partly cleared for preparation of sale, it is in no way tidy. There is money available to get the house ready for sale but in issue has arisen due to the current condition of the house.

Ask the solicitor.

nuac

Mod
The executor has a solicitor who will advise on these matters
while you have got helpful replies so far here legal advice is not allowed under our charter.
Have to close this thread