Estate distribution

How often does it happen that a father or mother, grandfather or grandmother has promised a painting, a ring or something else to a family member, without this being recorded in a will or codicil. Unfortunately, if this is not properly arranged, problems often arise after death.

In general, it is wise to arrange for as little as possible with regard to household contents during one's lifetime and certainly not to make any promises. When someone dies leaving behind family members as heirs and there is some furniture, these heirs are joint owners, at least when no special testamentary arrangements have been made. These heirs are free to decide how to distribute the contents, unless there are minors or people under guardianship or administration. Many times the family can divide the household contents themselves, but unfortunately it goes wrong quite often.

An example. Hanneke was promised a ring and Lucas a painting. Nothing had been arranged by codicil or will, so the directions were not legally valid, but the two initially wanted to take into account the promise made by mother. Except that the ring represented a value of €500.00 and the painting was worth about €5,000.00. Such a skewed distribution can greatly disrupt family relations.

Such problems can be prevented by not making any promises in advance regarding household effects and jewelry and not arranging anything in a will or codicil, but trusting the children. They can then divide these items in the following manner.

1. The contents are appraised and a value is assigned to each asset. In many places, Vendu notary houses or associations of notaries use appraisers who have a lot of experience in valuing estates. They are often asked to value household effects in connection with the inheritance tax return. That value is generally the sales value, after deduction of sales costs. Therefore, that value need not be used for mutual distribution, but it can be used as a basis. In this system a surcharge of thirty percent is often used, because a valuation for inheritance tax purposes is generally based on the net sale proceeds at auction. Since at an auction there is usually a ten percent charge to the seller and a twenty percent charge to the buyer, the assessed value could be increased by thirty percent in order to have a reasonable basis for distribution.
2. The heirs are sent the inventory lists in advance, so that each can make up his mind about which items he would like to have. The appraised values can play a role in this, but also emotional values. The order in which the heirs can choose from the goods will be determined by drawing lots, for example using the die.
3. On the basis of this order, the heirs make a choice from the household goods (a-b-c-d, d-c-b-a, etc.). This system can also be used with only two sharers. For example, the one who throws the highest dice may begin, after which the other partner may choose twice, then the first again twice, and so on. Incidentally, it is often counterproductive for partners to take too much account of each other, because as soon as one of the partners breaks this social expectation pattern, a feeling of disappointment arises that can linger for a long time. Therefore, it is important not to think too much about what the other might choose. Each is then free to set his own priorities.
4. Each sharer may, if he wishes, let his turn pass. A passed turn cannot be made up. However, as soon as a participant is offered a turn again, he can rejoin. If, at the end of the day, none of the partakers wants to make a choice from the contents items for the appraised value and there are still contents items remaining, a choice can further be made "by turn". For example, an object valued at €500.00 can be turned down by amounts of €50.00 and will then belong to the person who says "mine" first. Thus, at least all objects are then distributed, even if the last good would go away for a dime. By the way, one could also agree that the household effects should not fall further than, say, fifty percent of the appraised value. If there is no more interest at that level, then the remaining items can still be sold at auction.
5. Afterwards, the values of all items chosen by each member are added up and set off against his share of the undivided estate.

In divisions such as the one described here, there is often a tense atmosphere initially, but it usually improves as the division progresses. And that, of course, is what parents would want; for their children not to quarrel over the division of contents.