Inheritance of Contents of a Deceased's Apartment

AlkyMalky

I am executor for my friend's estate which includes an apartment that has been specifically bequeathed to his wife. The will states ' I give Property - address and name of beneficiary'. However, the will does not specifically mention the contents of the property. There are three residual beneficiaries, the wife and the deceased's two children. Is there a presumption that the contents are included in the wife's property inheritance or would they need to be split between all three of the residual beneficiaries? There is potentially a conflict between the three beneficiaries, so I want to be sure of the legal position. I would appreciate any advice. 

Keep_pedalling

Assuming we are talking about the marrital home then unless you have evidence otherwise the household chattels should be treated as joint property. I am thinking’s here of things like furniture and fixtures and fittings. Personal items such as watches and jewellery however fall into his residual estate. Unless we are talking about really valuable items, I would leave the beneficiaries to sort out who has what among themselves, you can hardly enter her home and take them away.

AlkyMalky

Thank you for your comments. To clarify, this property was owned solely by the deceased before he married and was not transferred into joint names. However, it was the only property owned by the deceased and there is no property in the ownership of the wife. The apartment was used for their occasional visits to the UK and the main residence in Spain was rented. I'm not sure if that changes anything, but it's good to hear that just personal items would fall into the residual estate.

gwynlas

If the apartment was for occasional use and not furnished with antiques/valuable collectables then you re talking about 2nd hand furnishings which hold little value.

madbadrob

You say they primarily lived in Spain.  There are some questions that need answering before you think of settling the gifts of the will.  Did the deceased have Spanish residency ie a Spanish legal document stating they had a legal right to reside in Spain.  Most Ex Pats obtained this after Brexit so they could stay longer than the 180 days in any 12 month period?  If they did the next thing you need to look at is whether the English will states the application of English law is to be followed.  If it doesnt then you will have to follow Spanish rules on any property and personal possessions that were held in Spain.  Id be very reluctant to continue the execution of the will without first seeking professional advice.  I am pretty sure but not 100 percent that anything held in the UK would come under English and welsh laws of inheritance.
Rob