Updated 22 October 2026
Administration of Estates - Potential Problem #20: A Library of Rare Books
A library of rare books can carry financial, cultural and personal value. First editions, signed copies and family manuscripts need careful handling, but an executor’s starting point is the same: establish ownership, protect the collection and follow the will. A handwritten recipe book may matter just as much to a family as a valuable published work.
In New South Wales, beneficiaries cannot simply take their favourite volumes or decide that every book must be auctioned. Clear records, specialist valuations and early discussion can help an executor distribute the collection lawfully while preserving what makes it important.
1. Check ownership and the will before dividing books
Identify which books actually belonged to the deceased. Items borrowed from relatives, held on loan or owned by a company do not become estate assets merely because they were on the deceased’s shelves. Keep receipts, correspondence and any evidence of earlier gifts.
Read the whole will, including specific gifts and the clause dealing with the remainder of the estate, known as the residue. As Legal Aid NSW explains, personal possessions can pass under several different provisions. A missing reference to “books” does not automatically leave the collection without a beneficiary.
The Supreme Court’s executor guidance requires assets to be collected and preserved, proper accounts kept and the estate administered according to law. Resolve doubts before authorising a sale or allowing relatives to remove items.
2. Make an inventory and protect the collection
Photograph the shelves before moving anything. Record titles, authors, publication details, inscriptions, condition and location. Give valuable volumes individual entries and note sets that should stay together. Preserve purchase records, collectors’ notes and letters that may establish provenance, meaning an item’s history of ownership.
Avoid household adhesive tape, improvised repairs or flattening fragile bindings to scan them. The National Archives’ preservation guidance explains how poor handling can damage books. Seek conservation advice where there is mould, water damage or a failing binding.
Check insurance and safe storage promptly. Record who holds keys, where books are moved and who has access. These practical precautions help prevent missing items becoming another family dispute.
3. Obtain a valuation suited to the task
An old book is not necessarily a rare or valuable book. Edition, completeness, condition, binding and demand can make a substantial difference. An online asking price for a pristine copy may be a poor guide to a damaged volume.
The National Library’s valuation guidance points readers towards specialist valuers, antiquarian booksellers and auction records; the Library does not provide valuations itself. Ask the specialist to identify the valuation date and purpose. Distinguish a market assessment from an insurance replacement figure, and obtain written advice about whether selling a collection together or separately is appropriate.
A real case about the meaning of personal possessions
In Lowe v Lowe [2015] NSWSC 48, the Supreme Court of NSW considered a widow’s entitlement under a gift of household furniture, furnishings and personal effects. The will separately dealt with family heirlooms, photographs and personal papers. The widow argued that the gift included the deceased’s car, bank funds and investments. The Court held that it included the car but excluded the money, shares and company notes.
This was a dispute about personal effects rather than rare books. For collectors, its practical lesson is that the wording and context of the will matter. A general phrase can require interpretation, so identify an important library or individual book and its intended recipient clearly.
4. Resolve disagreement before distributing the collection
A beneficiary’s sentimental attachment deserves to be heard, but it does not automatically override the will. Where several people share the residue, discuss their preferences and consider mediation if agreement proves difficult. Deal with estate debts and other administration requirements before final distribution.
A properly documented allocation may allow one beneficiary to receive the books as part of their inheritance, with other assets meeting the remaining entitlements. This depends on the will, valuation and required consents. Revenue NSW’s explanation of appropriation describes the relevant statutory power. An executor cannot use it to divert a specific gift intended for someone else.
An executor who is also a beneficiary should be particularly careful about selecting items for themselves. Obtain advice about conflicts, document the proposed allocation and use a defensible valuation. Family agreement is easier to maintain when everyone can see which items exist and how the decision was reached.
Christine on a grandmother’s recipe book
I dealt with a family involved in a Greek bakery chain who were fighting over their grandmother’s recipe book. It is exactly the kind of possession people can overlook when making a will. They think about the business and the property, while the book gets left among the household belongings.
When I discuss this with clients, I ask them to think separately about who should keep the original, whether relatives should receive copies and what the business is entitled to use. Writing those wishes down properly can spare the family a difficult argument later. If recipes are commercially confidential, copying and sharing the book also need careful thought.
The legal distinction matters. Owning a physical book and owning copyright are separate questions. Copyright protects original expression rather than ideas or information, as the Attorney-General’s Department explains. Business confidentiality and existing agreements may also matter; possession of the notebook does not settle every right concerning its contents.
5. Check the authority to sell or donate
An executor should not donate valuable books simply because a museum or university would appreciate them. The proposed gift needs a proper legal basis, and the institution must be willing to accept it. Check the will, beneficiaries’ rights and any required agreement or court directions.
Public collections show what careful planning can achieve. The State Library of NSW records that David Scott Mitchell offered approximately 40,000 books, alongside other material, to the NSW Government in 1898, conditional on a building to house the collection. The Mitchell Library opened in 1910. This is a historical example of a planned collection gift.
Do not assume a donation produces an estate tax deduction. The Cultural Gifts Program Guide excludes testamentary gifts and donations made by executors from estate capital from its deduction arrangements. Obtain tax advice before choosing between sale and donation.
Before an overseas sale or transfer, check the cultural property export rules. Material meeting the protected-property criteria may need permission; age alone does not determine the answer.
6. Put clear instructions in place and budget sensibly
For your own collection, identify important books precisely and name a substitute recipient. Explain whether a set must remain together and what should happen if an institution declines a gift. Keep an updated inventory with your estate records. Have your solicitor address how any accompanying list is to operate; an informal list should not be assumed to amend a signed will.
Ask for written estimates for valuation, conservation, transport, storage and auction commission. Assess the likely net proceeds rather than focusing only on a headline auction estimate. Estate administration and litigation require a quote suited to the work involved.
A straightforward single will starts from $440 including GST. We confirm your fee in writing before we start. Collection, business and copyright planning may require additional work.
Keep an audit trail throughout: the inventory, valuation instructions, sale proposals, correspondence, approvals and delivery receipts. Ask recipients to acknowledge the items they receive. This record helps the executor explain the administration and answer later questions about missing books or unequal distributions.
CM Lawyers assists with wills and estate planning and estate administration. Bring the will, collection inventory and ownership records so the advice addresses the books and the family’s circumstances.
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