MOM'S LAST WILL (distribution of property)

[fakoy]

My mom died 2 years ago my dad, (12 years back) with written instruction that "...the described properties shall not be partitioned for a period of twenty (20) years but shall be enjoyed by them one after another..." My questions centers on 3issues:
1. Can the 6 compulsory heirs agree to partition the land & eventually dispose of the same?
2. Can we all agree to sell a portion of the property to pay back dues & taxes?
3. Can we all agree to alter some of the provisions in the name of 'fairness'?

Your utmost concern on this regard shall be highly appreciated.

fakoy

[AFFA]

re: MOM'S LAST WILL (distribution of property)

I wish to inform you that property will be distributed as per Will of your parents. In this regard property distribution has been provided in Will and thus property will be distributed as per Will. As the deceased has stated that property will be distributed after 20 years thus terms of Will will govern distribution of property.

AFF

[Friend In Court]

Re: MOM'S LAST WILL (distribution of property)

My mom died 2 years ago my dad, (12 years back) with written instruction that "...the described properties shall not be partitioned for a period of twenty (20) years but shall be enjoyed by them one after another..." My questions centers on 3issues:
1. Can the 6 compulsory heirs agree to partition the land & eventually dispose of the same?
2. Can we all agree to sell a portion of the property to pay back dues & taxes?
3. Can we all agree to alter some of the provisions in the name of 'fairness'?

Your utmost concern on this regard shall be highly appreciated.

fakoy

Where the will specifically states the described properties shall not be partitioned for a period of 20 years, the heirs cannot do anything other than abide by the terms of the will.

No, the heirs cannot partition the property and dispose of it.

There is no issue of "fairness" but abiding by the wishes of the testator. One can choose not to take and enjoy the property if they do not wish to do so.