Fairly dividing up a deceased persons possessions?

britboy4321 said:
I think the executor has what our US friends call 'The power of attorney'. The system is 'One person gets appointed to basically choose what goes down' - although if anyone really hates what the executor does he can theoretically be taken to court over his decisions.
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Unless somebody can tell me otherwise, I'm pretty sure that personal chattels are simply part of the residuary estate and are entitled to go (if there is no surviving spouse):

1) to the issue (line of descendants), but if none,
2) to the parents equally, but if none,
3) brothers and sisters on the whole blood, but if none.... etc

Thus it wouldn't be up to you to decide who gets the possessions, it would be up to whoever is entitled to them.

It may well be this isn't the case and I'm missing something, but I can't find anything that says otherwise and nobody on the forum seems to have said otherwise with any authority. I have never heard of an executor having 'willy nilly' discretion when there isn't a will / express trust ....
 
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britboy4321 said:
Someone dies in your family. No will.

You are appointed executor of the estate.
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By who? If there is no will than you can't have an executor. Power of Attorney ceases on the person's death.

Nitefly is correct, intestacy rules would apply, provided the estate's value is more than £5000. The case would be handled by the court of protection.
 
Just apply the rule of shotgun! When I had to sort this out a few years ago we all just stated one or two things we'd all like and worked out out by having a chat. Admittedly there was only 4 of us and some of the stuff really had to just be binned but still I got a really cool sea chest :)
 
get everyone down on the same day and clear the place out?

Disputes are better handled in person with everyone together.

All this bidding malarkey seems a bit childish.
 
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