Value of a car at time of death or when probate is granted?

[Bez59]

Hi,

My dad passed away last year, and after waiting a long time for a couple of issues with applying for probate I finally have the grant of probate more than a year after he died.

He left everything to me and my brother in his will.

My brother kept my dads car as he needed a new one, with me getting half of the value of the car from his share of the assets.

We are now at the stage of splitting the assets.

My question is, do we go with the value of the car at the time my dad died, or the value now.

Thanks.
Bez

[dslippy]

You are not following the will, but your own arrangement. That is fine, but it is your arrangement. Reach an agreement.

Value as at when he took possession?

[atticus]

I agree. This is not something to fall out about, is it?

[Bez59]

We aren’t going to fall out over it just wanted to make sure we do everything properly, and wasn’t sure if there was a correct way of going about it.

I have suggested we go half way between what it was then and what it is now.

Does that seem fair?

[atticus]

Isn't the more important thing that it should seem fair to you and your brother? I am not going to say "yes, that's fair" if it is going to bring about discord.

Is the difference between the various possible figures going to be of any significance in the scheme of things?