Personal Chattels promised but not "officially"

JayBirdUK

In a will from 1999 there is the following clause .....

1) "I give to my husband all my personal chattels as defined by Section 55(1 )(x) of the Administration of Estates Act 1925 for his absolute use and benefit and it is my wish (without imposing any legal obligation upon him) that he should deal with this bequest in accordance with any directions I give him concerning the same in any letter or memorandum signed by me."

There are a number of items such as furniture and household items, vehicles, clothing, jewellery, pictures and letters, etc, along with personal bank/savings accounts that were owned by the deceased.

I believe the bank/savings accounts do not come under chattels and the main area of disagreement is with the understanding of "directions given". There are a number of both verbal and email promises (nothing in the actual will though) to family members for some specific items, but these are being ignored by the husband due to being claimed as chattels and there is "nothing in writing" or he knew nothing about it (only his word for that). 

So ... is a "verbal promise" worth anything even if a number of people can confirm it ? and does an email count as a "letter" given no actual signature ? A couple of the items hold significant sentimental value for the people in question and unfortunately also a reasonable monetary value for the husband to cash in. 

I feel this is going to come down to a "What the deceased was known to have wanted" versus the "letter of the law" (the whole no legal obligation bit) and "doing the right thing but doesn't have to" .... but any and all insight would be very much appreciated.

GrumpyDil

Reading the will it says "any directions I give him concerning the same in any letter or memorandum signed by me" and "without imposing any legal obligation upon him". 

Reading those two phrases if husband chooses to say nothing was notified in any letter or memorandum and/or points out that it was an expression of wishes not imposing any legal obligation then I don't see this going anywhere.

You have my sympathies as someone who's mother's will was altered shortly before her death and ended up challenging it and only settling pretty much on the day we were due to issue proceedings. 

Linton

JayBirdUK said:

In a will from 1999 there is the following clause .....

1) "I give to my husband all my personal chattels as defined by Section 55(1 )(x) of the Administration of Estates Act 1925 for his absolute use and benefit and it is my wish (without imposing any legal obligation upon him) that he should deal with this bequest in accordance with any directions I give him concerning the same in any letter or memorandum signed by me."

There are a number of items such as furniture and household items, vehicles, clothing, jewellery, pictures and letters, etc, along with personal bank/savings accounts that were owned by the deceased.

I believe the bank/savings accounts do not come under chattels and the main area of disagreement is with the understanding of "directions given". There are a number of both verbal and email promises (nothing in the actual will though) to family members for some specific items, but these are being ignored by the husband due to being claimed as chattels and there is "nothing in writing" or he knew nothing about it (only his word for that). 

So ... is a "verbal promise" worth anything even if a number of people can confirm it ? and does an email count as a "letter" given no actual signature ? A couple of the items hold significant sentimental value for the people in question and unfortunately also a reasonable monetary value for the husband to cash in. 

I feel this is going to come down to a "What the deceased was known to have wanted" versus the "letter of the law" (the whole no legal obligation bit) and "doing the right thing but doesn't have to" .... but any and all insight would be very much appreciated.

It’s simple, as far as the disposal of a deceased’s assets is concerned, a verbal promise, a “wish” in a will, or “what the deceased would have wanted” have no legal authority whatsoever.

JayBirdUK

Thanks both ... I kind of assumed that was the case