Personel chattels

tightgit_2

Can anyone tell me if an engagment ring worth about £3,000 is classed as a personnel chattel (under section 55 of the administration act) or should this be included as part of the estate ?

hex2

Supposedly counts as a personal posession, however our judge made both parties list all items (regardless of value) as requested by the other party (including all jewellery) as part of the pre-FDR questions so I guess it depends on the judge.

tightgit_2

hex2 wrote:

Supposedly counts as a personal posession, however our judge made both parties list all items (regardless of value) as requested by the other party (including all jewellery) as part of the pre-FDR questions so I guess it depends on the judge.

Sorry if I am being thick, but why did you need a judge ?

sweetjamster

it sounds like the matter went to a first appointment (ancillary relief- division of assets when the couple split). at the first appointment, a questionnaire can be filed by either/both parties. that questionnaire basically asks questions relating to other party's assets, which has to be approved by the judge.

that is why the matter went before a judge- the parties probably couldn't agree on the division of assets.

i will try and find the answer to your question tomorrow

hex2

My OH and his ex wife could not agree on anything - mostly because she refused to provide any info about her assets. They had first hearing with questionnaires with the judge ruling as above, and then settled at the door of the FDR so I dont know what impact it would have had. The judge ordered that she should have all of her jewellery valued (inc engagement ring).


I guess it all depends on how fast and clean you want it to be. I walked away from mine with nothing to get out quick because I then earnt enough to do that. OH fought for three years and spent £12k on legal fees just so he could get off the mortgage on the old place.

How much could she really sell it for? Suggest that it is sold and the proceeds divided, same as anything else in dispute.

tightgit_2

Thanks for your replies, but in this case it is a ring left because someone has died. That is why I was wondering if it would be classed as a personel chattel or part of the estate.

Dee123_2

I believe that under the Administration of Estates Act it would be classed as a chattel as it is a personal effect.

Definition under the Act is all household furniture and personal effects, except goods used for business purposes, money, bank balances or securities for money.

Whereas the Estate is defined as a term meaning the property of the deceased person.

HTH

Dee