When you make a will, what are your 'chattels'?

If you've heard the word 'chattels' referred to in will writing, you may be wondering what items are included in this cover-all term.

These days it's more common for will writers to avoid any possible confusion by using the term 'personal possessions' rather than the rather archaic term 'chattels'. This description is more self-explanatory, but what exactly are your personal possessions when it comes to making a will?

Personal chattels (or personal possessions) are defined by s55(1)(x) of the Administration of Estates 1925 as amended by the Inheritance and Trustees’ Powers Act 2014. They include any personal goods other than 'money, securities for money or property used solely or mainly for business purposes'.

How do you will your personal possessions?
When you have a will written, it's common to leave your chattels or personal possessions to your husband, wife or civil partner. When you die they'll inherit all items that you haven't specifically gifted to anyone else.

If you don't leave your chattels or personal possessions to anyone (eg your husband, wife or civil partner), or your husband, wife or civil partner has pre-deceased you, your personal possessions will become part of your residual estate. If your residual estate goes to one beneficiary, they'll also get your personal possessions.

However, if your residual estate is divided between a number of beneficiaries, the same thing will need to happen with your personal possessions. This could lead to disputes between beneficiaries, because it will be up to your executors to decide how to distribute the possessions to the beneficiaries in as fair a way as possible. They may feel that the simplest and fairest way to deal with your personal possessions is to sell everything and divide the proceeds equally between the beneficiaries.

Consider leaving a letter of wishes with your will
One way to avoid any possible disputes over your personal possessions is to write a 'letter of wishes' to accompany your will. This letter tells your executors how you would like your personal possessions to be distributed. Writing a letter of wishes is not legally binding in the same way as making a will. However, you have a right to expect that your executor/s will do their best to comply with your wishes.

For professional, affordable will writing services in or near Ipswich, Suffolk, call 01473 659024 or email hello@cswills.co.uk

For more information on how to make a will visit www.cswills.co.uk



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