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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10549
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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What does "personal chattels" mean, can it include paintin

Customer Question

What does "personal chattels" mean, can it include paintings?
Submitted: 2 years ago.
Category: Law
Expert:  Aston Lawyer replied 2 years ago.
Hello and thanks for using Just Answer.
My name is ***** ***** am happy to assist you with your enquiry.
Are you referring to a legacy in a Will?
If so, do you have the wording from the Will, please?
Kind Regards
AL
Customer: replied 2 years ago.

Legacy in a Will I give all my personal chattelsnot otherwise specifically gifted by my Will excluding furniture contents and equipment unless the Trustees decide to distribute free of IHT to Nancy Wagner

Expert:  Aston Lawyer replied 2 years ago.

Hi Nancy,

Thanks for your reply.

Personal chattels does include pictures/prints and paintings, unless such pictures/prints or paintings are business assets of the deceased.

However, I note from the wording of the legacy, that it excludes "contents" which is most bizarre as this more or less excludes all the presonal chattels, to include any paintings UNLESS the Trustees decide to distribue these items to you.

Therefore, my opinion is that unless the Trustees decide to give you the paintings, you ar enot automatically entitled to them.

I am sorry this is not the answer you were looking for.

Kind Regards

Al

Aston Lawyer and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Thank you for your excellent response to my question you are right it was not the answer I was seeking.

I think I am allowed to ask you questions for this month.

"I have been bequeathed a sum of money by my partner of 25 years but as I am 81 years of age and this sum was intended for my care. Should I need it can this sum be released prior to Probate as the family is questioning various aspects of the Will?"

Apropos the above question if the money is not released and I die before Probate can this sum be left to my children in my Will?

Expert:  Aston Lawyer replied 2 years ago.

Hi Nancy,

Thanks for getting back in touch.

The Executors of a Will are under a duty only to pay the legacies once sufficient funds have been collected in from the Estate. Normally, Banks/Building Societies won't release any monies from the respective acoc**ts until Probate has been granted.

Therefore, it is unlikely that there will be sufficient funds to pay your legacy until Probate has been obtained.

As you were live at the date of your partner's death, you are entitled to receive the legacy. If anything were to happen to you before you receive the legacy, the legacy gets paid to your Estate (ie, if you have made a Will, it will be paid to your Executor(s) to distribute ina ccordance with your Will. If you have not made a Will, it pass to your next of kin.

I hope this helps and answers your question.

Kind Regards

Al
Customer: replied 2 years ago.

THANK YOU FOR YOUR REPLY TO MY QUESTIONS.

tHANK YOU NANCY

Customer: replied 2 years ago.

My partner of 25 years has left me a sum of money in his Will. If, at probate there are insufficient funds to cover all the bequests does the family get paid first resulting in non payment for me?

Thank you Nancy

Expert:  Aston Lawyer replied 2 years ago.
Hi Nancy,
If a Will leaves a certain amount of money to A (called a pecuniary legacy) and the residue to B and C (Residue meaning whatever monies are left over after the debts and any pecuniary legacies have been paid), then the debts and pecuniary legacies get paid out first, and if there is any money left over, this goes to B and C as residuary beneficiaries.
I hope this assists.
Kind Regards
Al
Customer: replied 2 years ago.

Thank you once again for your reply, I do wonder if my partner was generous and if there are sufficient funds to cover all the legacies. Apart from the direct bequest I am entitled to some residual monies but if funds run out does the family still get priority over any bequest to me as we were not married? I am dealing with a very greedy and uncaring family.

Best regards NancyUndecided

Expert:  Aston Lawyer replied 2 years ago.

Hi Nancy,

No differentiation can be made between family/non family members beneficiaries. There is a strict rule in that all specific legacies are paid first and then if there is anything left over, the residue is shared equally between the residuary beneficiaries.

Kind Regards ***** ***** the best.

Al

Customer: replied 2 years ago.

Dear Al

Thank you so much for your response, it is very comforting.

I have just been billed for air fares and taxi back home after returning to my home in Surrey the day that Sandy had died.!!

Thank you for your kind wishes Nancy

Expert:  Aston Lawyer replied 2 years ago.

Hi Nancy,

Rise above them.

Best Wishes

Al