Contents and Furnishings

[Executor's Wife]

Hi!

My husband is executor of his Mother's will and we are confused about the following:

Whilst looking for the will and other necessary papers, eg bank accounts etc, some money was found. We're not sure what section of the will this should be applied to.

There is a specific legacy that "all my remaining personal effects together with all the contents and furnishings of my home to X". Later in the will (residue?) it says "I devise and bequeath all my real and personal estate whatsoever and wheresoever not otherwise disposed of by this my will or any codicil hereto unto my trustees upon trust to sell call in and convert the same into money ... for Y".

We would assume that money in bank accounts would go to "Y", but as said we are confused about the money found in the house, and also shares, should these go to "X" or "Y"?

Also there was a small amount of money in her purse, where should this go?

We want to get this right, so any advice would be appreciated.

[enquirer]

Re: Contents and Furnishings

This seems very confused. Take it to a Wills & Probate specialist for clarification.

[des8]

Re: Contents and Furnishings

Hi
Money is generally now understood to be personal property.
"Things personal," (according to Blackstone 1756-1759 Commentaries on the Laws of England) , "are goods, money, and all other movables which may attend the owner's person wherever he thinks proper to go"

Very confusing will leaving unidentified personal property to two different people.

[Crazy council]

Re: Contents and Furnishings

Hi

using a probate specialist like enquirer suggests, is the best idea for another reason. Should not cost to much for clarification,, but what it will give you and the other parties is a firm opinion from an independant, that should stop any future arguments over opinions.

Even the most closest of families can come unstuck by interpreting wills, from personal experience.

[Johnboy007]

Re: Contents and Furnishings

I lost my dear Mother and Brother within three months of each other and I had the same problem.
We solved it by coming to an agreement with my other brother and sister to sell what none of us wanted, and then to divide what cash was found in the house. Likewise the money on the sale of the house.
As the house was in three people's names, we had to wait for three probates..
Bloody nightmare.... lol
I would say that the will is pretty clear in that 'X' is the main benefactor of everything including shares found in the house, but excluding the house.
'Y' is the benefactor of the sale of the house, as this is not personal effects, contents or furnishings.

[Executor's Wife]

Re: Contents and Furnishings

The house has been left 75% to X and 25% to Z, so therefore there are 3 parties involved. I don't know if this clarifies anything or not.