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Amendment of Division
Amendment of Division
Inheritance
Forum Questions
Amending Order – Property Worth Less
Can the division of the estate according to the inheritance order be amended if one of the properties was actually worth less than valued?
Only in certain circumstances – if the property that was initially overvalued was actually worth more than a sixth less than estimated.
Mode of Division Irrelevant When Value Drops
Where amendment of the inheritance order is to be made due to a reduction in the value of a property, does it matter whether the original division was by way of agreement between the heirs, or not?
No! Where one of the properties in the estate has decreased in value by more than one sixth, the inheritance order is to be amended, regardless of whether the original division was via agreement between heirs, or according to a court order.
New Facts – New Order Without Reference to Value
When a new inheritance order is made because of the discovery of new facts which were not available when the original one was given, what happens regarding division of the estate?
In these circumstances there will be no need to prove that the property decreased in value by more than one sixth, because a new order granted because of new facts necessitates a new division of the estate anyway.
Amending Division
Is it possible to amend or correct a division of estate property after it has already been divided?
Yes! If the estate has already been divided by agreement between the heirs, or by a court order, and then it transpires that one of the properties was actually worth more than a sixth less than valued, or the Inheritance or Probate will was cancelled, then the heirs who received more than their correct share have to return the excess to those who got less than their correct share.
Excess and Good Faith
Will an heir who received more than the correct share of the estate always have to return the excess to the ones who received less than the correct share?
No! If an heir who received more than the correct amount in good faith, then he/she will only have to return all the excess, but only what he/she has left of it.
Mistaken Share
What is the position if someone received property which does not belong to the estate by mistake?
It must be returned to the rightful owner.
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