Can the heirs divide up the estate according to an agreement between them?
Yes, an estate can be divided according to an agreement between them, or according to a court order.
What can the executor of the estate do to push ahead the plan to divide up the estate?
He/she can suggest a plan for the division of the estate to the heirs and try to bring them to agreement on this.
What happens if one of the heirs disappears and was not represented by a lawyer at the hearing on the division of the estate?
In this situation if the court approves the plan its consent will take the place of the missing heir's. If the person concerned lacks legal capacity the court can appoint him/her a guardian to protect his/her rights in the estate.
Is it permissible for the heirs' agreement for the division of the estate to clash completely with the terms for dividing up the estate under the law?
Yes! The heirs are perfectly entitled to reach agreement about how the estate should be divided – even if this is completely different from the division amongst them according to the Inheritance Act of 1965.
Agreement Between Heirs Differs From Will Can heirs come to a valid agreement for dividing the estate that differs completely from what the testator intended in his will?
Yes! They can put the agreement into practice – even if it totally contradicts with what is said in the will.
Can the executor of the estate force heirs to agree to a plan for dividing the estate against their will?
No! The executor of the estate has no powers to dictate a plan for dividing the estate; the heirs must agree to it voluntarily .
Can a majority of the heirs force a dissenting minority or individual to agree to a plan for division of the estate?
No! Agreement of the majority of heirs is not sufficient to force a plan through; there must be a unanimous decision in favour of it , otherwise the estate will be divided according to the Inheritance Law of 1965.
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