I've got a family, and the bits and pieces - furniture, pictures, books - from the old, long-sold family house have been dispersed, fairly informally, among them.

Most of the family want to give or lend some of the stuff to the local musuem - formally, with deeds of gift to the charitable trust and so on. One of the family disapproves. Obviously he can hang onto his own, but is there anything he can do to stop the rest of them giving what they've got?

Emma

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This is a fictional family, you understand!

Oh Emma, I thought we were going to get some insider gossip about the Darwins then!

Sorry, I can't help though!

Nah, sorry! Though I did first think about this when they were doing up Down House. But, sadly, from the novelist's PoV, the real thing is all perfectly straightforward and friendly.

Emma

Not if he/she's got a life. Perhaps that's cruel. But every now and then you do seem get folk spending thousands in court over a few quid - it's the principle you know!

I'm not at all sure but perhaps they could dispute ownership and get some sort of court hearing to decide. If they didn't have a case they could ask for adjournments to delay the hearing, case not ready/hospital appointment. But eventually it would go before the Judge to decide and I'd hope in the absence of evidence they'd be told to b*gger off. But I imagine with enough funds and malice you could filibuster quite a while. And if you’re on the receiving end how much money would you want to spend defending it?

but is there anything he can do to stop the rest of them giving what they've got?

You say it has been split up informally but if it is museum quality stuff they should have it valued in case there are inheritance tax/death duties to pay on it. If, as individuals, they pay tax on the items they have inherited, I can't see that a member of the family would have a case against them. Presumably, there would also be some record kept by the executor(s) as to who recieved what, and the family could use the list to prove it was all done above board and no-one lost out on monetary value alone.

Of course, if the member of the family desputing the gift to the museum is one of the executors; or if the deceased promised the disputed items to him/her and they have proof of that; or if they reject the alternative items given in compensation for their share in the 'family treasure', I can see it could get complicated.

However, aside from all that. It is entirely possible that a member of the family could dispute the gift to the Museum whether they have legal grounds to do so, or not. And it could still wind up being contested in Court - especially if it is a very personal item like jewelery, campaign medals, or letters.
The museum, meanwhile, would be highly unlikely to accept such a gift while there was any query as to the rightful ownership of the items - Museums follow a strict code of practice on such things. (I'll have to Google it).

(Monetary gifts are different. There have been a number of cases of houses left to a few of the big charities, which members of the deceased families have disputed, but the charity has gone ahead and sold them anyway and kept the proceeds).

- Naomi

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I haven't time to read it but Google: museum acquisitions code of practice

Which threw up, amongst others: A Code of Practice on Archives for Museums and Galleries in the United Kingdom
Third Edition, 2002
http://www.archivesandmuseums.org.uk/scam/code.pdf

That's fantastically helpful, Murphy and Naomi, thank you.

It's not hugely museum-quality - most interesting for its context in the original house and owners

I fear what happened is that the house was left to the widow, who then sold it, moved to a smaller house, and dished what of the contents wouldn't fit out to the remaining child and the four grandchildren, probably, yes, informally. What she kept would have been valued for probate when she died, but what went straight to the others probably wasn't. So some would be documented and some wouldn't.

Hmm. I like the idea of filibustering...

Emma

Whole estates have fallen into disrepair over disputed Wills and division of the chattels.

If it was a personal gift before she died then the Courts are more likely to up hold it. But that doesn't stop someone from contesting it - especially if they have a letter from the deceased promising it to them.

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I'm sure there have been cases where it was taken as read that an item would pass down to the eldest son or daughter - or neice or nephew if the deceased had no children. And some younger siblings have perloined it if they think the oldest has plans to sell it.

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- Wasn't that the basis of the Beau Gest story?