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Inherited house contents mooted to be dumped !

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  • Inherited house contents mooted to be dumped !

    6 Siblings (tenants in common absolute and beneficiaries) inherit equally house + contents. (4 of the Siblings including 1 as the executor who lives nearby) renouce the house contents and gift it `by e-mail` to the 2 remaining siblings so as to force the latter to remove all contents and pay for their removals. The 2 remaining siblings will have to travel from other countries do do the removals.
    The 4 have part removed stuff so cannot disclaim. The 4 will not draw up a deed of variation. We (the 2 siblings) want to move remainder to a charity with executors permission to prevent it being dumped as mooted ! Executor says if we leave anything behind then we will be charged for their removals too.
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  • #2
    Originally posted by Guest View Post
    6 Siblings (tenants in common absolute and beneficiaries) inherit equally house + contents. (4 of the Siblings including 1 as the executor who lives nearby) renouce the house contents and gift it `by e-mail` to the 2 remaining siblings so as to force the latter to remove all contents and pay for their removals. The 2 remaining siblings will have to travel from other countries do do the removals.
    The 4 have part removed stuff so cannot disclaim. The 4 will not draw up a deed of variation. We (the 2 siblings) want to move remainder to a charity with executors permission to prevent it being dumped as mooted ! Executor says if we leave anything behind then we will be charged for their removals too.
    Very interested in the legal reply and clarification on this post

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    • #3

      Nice family!

      If the four have not complied with the form of a variation it won't be valid, and I would suggest that the two who are abroad play the other four at their own game and decline to accept the gift.

      Point out that if beneficiaries do not want the assets of the estate transferred to their name(s) it is the executor duty to dispose of them, the costs (if any) being met out of the estate.
      If the executor fails in his duty he could be personally responsible for extra costs.

      Comment


      • #4
        Originally posted by des8 View Post

        Nice family!

        If the four have not complied with the form of a variation it won't be valid, and I would suggest that the two who are abroad play the other four at their own game and decline to accept the gift.

        Point out that if beneficiaries do not want the assets of the estate transferred to their name(s) it is the executor duty to dispose of them, the costs (if any) being met out of the estate.
        If the executor fails in his duty he could be personally responsible for extra costs.
        Much thanks DES8 for your reply and legal clarification. I pointed out to the 4 other (siblings - yes nice family!) that a deed of variation would be required for them to proceed in that way (i.e. dump the house contents or charge us (the other 2 siblings) for removals if not removed). We declined to accept their `gift` which of course they ignored and they compounded that by default we owned the contents and were responsible. Nor would the executor (eldest sibling) clarify the legal situation when asked and when pointed out it was biased and unfair and potentially illegal. In the end at short notice we (the other 2 siblings) travelled from Germany and Wales to Ireland over a long weekend to clear the house contents to charities and asked close relatives of our late father and Mother to choose items which they did (travelling some distance to do so). No money exchanged hands for any of the contents but I asked the relatives to make donations to charities as they seen fit. The executor then excluded telling us (the other 2 siblings) that he dropped the house price for a quick sale. He then dropped the house price further again for an agreed sale ( no negotiations) and pressured us with a fixed date at short notice to sign an agreement letting him have full control of the house sale ( yet we the other 2 siblings owned 2/6 ths of the house already in the WILL). ....some of the long long catalogue of manoeuvres exacted on (we the other 2 siblings). Shameful and a real eye opener on how someone in lead responsibility can corrupt and sour a process that should have brought the family together having lost Mother & father within a year. Thank you again for your help. It really helped clarify in my mind that we acted legally correct with integrity whilst being purposefully isolated by others. You could write a play !....interesting human psychology in these situations.

        Comment

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