What happens to your possessions when you die?
Last month an elderly lady spoke to us about her Will. She had a Will in which she had made provision for her assets to be divided equally between her children. She had started to worry about what would happen to her things after she died? Who was going to decide who got which piece of furniture and who would have to dispose of her clothing and other personal possessions?
The lady did have a clause in her Will that referred to “personal chattels” and we explained that personal chattels include all her possessions including photographs, clothing, kitchen utensils, ornaments, electrical goods etc. In this case the clause provided that any specific wishes would be set out in a separate list, but that the remainder of her possessions would pass to her executors.
In practical terms this meant that her executors would identify the items on the list and pass them on to the people that were mentioned on the list, but anything else not mentioned on the list the executors would have to decide what to do.
They could ask her children if they wanted any of the other possessions, but they didn’t have to, and they could arrange for a house clearance company to come in and dispose of everything else without any discussion with her children. Any profits made from the sale of possessions would be added to the residue of the estate and divided between her children.
It was important that to make sure that her children had the option to receive personal items that she included those things on the personal chattels list. We recommended that the lady spoke to her children to d
What happens to your possessions when you die?
Every month we hold free legal clinics in Kingsbridge and Dartmouth, and the Salcombe clinic will be in Cliff House monthly from 11 September.
Last month an elderly lady spoke to us about her Will. She had a Will in which she had made provision for her assets to be divided equally between her children. She had started to worry about what would happen to her things after she died? Who was going to decide who got which piece of furniture and who would have to dispose of her clothing and other personal possessions?
The lady did have a clause in her Will that referred to “personal chattels” and we explained that personal chattels include all her possessions including photographs, clothing, kitchen utensils, ornaments, electrical goods etc. In this case the clause provided that any specific wishes would be set out in a separate list, but that the remainder of her possessions would pass to her executors.
In practical terms this meant that her executors would identify the items on the list and pass them on to the people that were mentioned on the list, but anything else not mentioned on the list the executors would have to decide what to do.
They could ask her children if they wanted any of the other possessions, but they didn’t have to, and they could arrange for a house clearance company to come in and dispose of everything else without any discussion with her children. Any profits made from the sale of possessions would be added to the residue of the estate and divided between her children.
It was important that to make sure that her children had the option to receive personal items that she included those things on the personal chattels list. We recommended that the lady spoke to her children to discuss what items they make like to receive, thus reducing the potential for conflict to arise between her children if they all wanted the same thing!
The lady could also consider giving things to her children in her lifetime and as the Will referred to a separate personal chattels list, she could update it at any time without having to make a new Will.
If you need to update your Will we are participating in Citizens Advice Bureau Will Week from 23 to 27 September 2019.
To find out more information about drafting a Will or to discuss your legal issue, contact Rebecca Weare or Rebecca Bristow at Start Point law on 01548 288008, email info@startpointlaw.co.uk or come along to one of our legal clinics. We will be at Salcombe library on 11 September, Kingsbridge Library on 17 September and Dartmouth Library on 4 October.
iscuss what items they make like to receive, thus reducing the potential for conflict to arise between her children if they all wanted the same thing!
The lady could also consider giving things to her children in her lifetime and as the Will referred to a separate personal chattels list, she could update it at any time without having to make a new Will.
If you need to update your Will we are participating in Citizens Advice Bureau Will Week from 23 to 27 September 2019.