Distributing an estate - help with executor role please

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Hello all, my grandmother recently died and my mother and her brother are named as executors of the estate. There was a third brother but sadly he died some time ago. However, he did leave 2 children who are naturally entitled to his share of the estate.

My mother and uncle are quite happy to divide the contents of the property amongst close family and indeed have been doing so - bits of jewellery, furniture, glassware etc - but are they legally able to do so without involving the children of their deceased brother? The children (now adults) will naturally receive a third from the sale of the house, but what of the contents? What is the legal position? Please note, in terms of contents, there is very little of any significant financial value.

Thank you.

assuming you are in England or Wales (different rules in Scotland) yes the third brother's children will inherit his share between them. However they don't "inherit" executor's rights - that's why people normally appoint more than one executor incase someone dies or is unable to act for them.

The executors have to distribute according to what is specified in the will, for items not specified it is up to them to dispose of them as they see fit.

However if the will states (for example) that after specific items have been left to people then the remainder of the estate is to be sold & the value split between the 3 children (your mother & 2 brothers) then the third brother's children could claim a third of the value of this - however if in real terms it's not worth much then it probably won't be an issue. Best to check the will & talk to them - it's probably easiest solved by offering them some of "mementos" too.

Thanks very much Betsy, your advice applies entirely. Mememtos have been offered, in fact all relevant parties have been into the house to select what they would like and it has been carried out openly and fairly. There would be no apparent issue but the wife of the deceased brother has just started to, erm, "get involved" on behalf of her sons.

mmmm - we had a similar problem when my Dad's mum died, one of her daughter-in-laws "getting involved" when she'd never been near the dear old lady for years..........these situations always brings out the "best" & "worst" in people..........

depends on the wording of the will - if there was a clause to say brothers children get something if brother has predeceased then they will have to be involved otherwise any gifts will lapse.