Cars not in will

Marko10010

Hi can anyone tell me where 2 cars kept at the primary residence falls into a will? There is no mention of them. The will is fairly clear with a number of beneficiaries. The home and entire contents are left to one individual and other properties are divided elsewhere. There are a number of people receiving allocated sums of money and and remaining monies are to be divided between the 2 main beneficiaries. There are various things like boats etc kept in various places but I'm just curious do the 2 cars fall under 'entire contents of ......' as they would be stored in the garage there?
Thanks in advance

Keep_pedalling

I would not close cars as household contents so they will form part of the residual estate.

Mojisola

Marko10010 said:

Hi can anyone tell me where 2 cars kept at the primary residence falls into a will? There is no mention of them. The will is fairly clear with a number of beneficiaries. The home and entire contents are left to one individual and other properties are divided elsewhere. There are a number of people receiving allocated sums of money and and remaining monies are to be divided between the 2 main beneficiaries. There are various things like boats etc kept in various places but I'm just curious do the 2 cars fall under 'entire contents of ......' as they would be stored in the garage there?
Thanks in advance

If 'entire contents' is the phrase used in the will, I would think the cars are included.    

This is reinforced by the fact that boats and other items are specifically mentioned.

74jax

What does it say about residual? 

getmore4less

Value and if anyone wants them often directs where they go and if any adjustments are needed elsewhere.

It could also be that some or all goes to the beneficiary of the house via residual or intestate if no residual clauses.

doodling

Hi,

If this is going to be point of contention with the beneficiaries and/or the cars are valuable then I would consult a solicitor.

I would say that the cars are not part of the "home and entire contents" but if they are in a garage then I can see I'm fighting a battle against plain English and I suspect I'd lose.  If they were parked on the drive then they are probably not part of the contents and if they are on a road then they are certainly not.

Is that the exact wording? it seems a little sloppy to allow major assets to be distributed based on their location at time of death. There would have been even more fun if one of the boats was in the garage!

Can the intent be determined from who the beneficiaries are? For example, is the house going to a wife who will continue to live there (and might need a car) whilst other stuff is going to people who specifically wanted / were interested in the other items? You can't decide who gets what on guesswork like this, but it might help convince the beneficiaries of the right thing to do if there is an argument.

Sea_Shell

IANAL, but look at it this way...

What would be covered by a home CONTENTS insurance policy? 

Not cars, even if in the garage..therefore they arn't contents. 

Thrugelmir

If none of the beneficiaries wants the cars then they need to be sold and the proceeds added to the pot to be distributed.