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Michael Holly
Michael Holly, Solicitor
Category: UK Law
Satisfied Customers: 6944
Experience:  I have 20 years of experience as a solicitor in litigation and other areas
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Is it possible for heirs to agree on asset allocation? A UK

Customer Question

is it possible for heirs to agree on asset allocation?
A UK resident who made a will had a house in Flanders.
His will stated that his estate be divided between partner (me) for 50% and the remaining 50% equally between his four surviving children, three from his first marriage (they live in the Uk) and one from his second marriage who is currently living in the house. His other son from his second wife died intestate in Belgium in 2013. He was legally separated from his second wife but not divorced and no separation of assets occurred She died in UK in 2012. Her will left equal shares to her two children, one now deceased.
I have been advised that according to Belgian law, the shares of the house should be:
119 parts of 256 for son in Belgium
68 parts of 256 for me
23 parts each for three children in UK.
The three in the UK are concerned that their half brother's share differs from theirs and is not in accordance with his wishes and want an agreement that the shares are divided equally between his children.
Is such a thing possible?
Submitted: 1 year ago.
Category: UK Law
Expert:  Michael Holly replied 1 year ago.

I know absolutely nothing about the probate law of Belgium.

What I can tell you is that every system of law I have ever encountered, including UK law, allows the beneficiaries to agree to vary the dispositions made in a Will or on intestacy where there is no Will.

But only where all the affected beneficiaries agree, so the Belgium son would have to agree or you have a legal fight on your hands.

Best wishes


Customer: replied 1 year ago.
Thanks. In the meantime I have been thinking hard and the answer is that if the house was in joint names as I have every reason to believe it was, half of it belonged to his second wife even though she predeceased him and therefore that explains why son in Belgium gets more as half belonged to his mother rather than theirs.
Thank you for the prompt reply.
Expert:  Michael Holly replied 1 year ago.

That could well explain it.