Personal chattels: what are they and how should my Will deal with them?

Meaning of chattels

Sometimes, the law remains a little archaic. That certainly applied to the definition of the term ‘personal chattels’ before a change in the law in 2014. Until then, the definition of personal chattels was:

“carriages, horses, stable furniture and effects, motor cars and accessories, garden effects, domestic animals, plate, plated articles, linen, china, glass, books, pictures, prints, furniture, jewellery, articles of house or personal use or ornament, musical or scientific instruments and apparatus, wines, liquors and consumable stores, but do not include any chattels used at the death of the intestate person for business purposes, nor money or securities for money”

Of course, any or all of these articles still fall within the definition of personal chattels, but now simply defined as:

“tangible movable property, other than any such property which—

consists of money or securities for money, or

was used at the death of the intestate solely or mainly for business purposes, or

was held at the death of the intestate solely as an investment”

This definition is extremely broad. When considering personal chattels in the context of writing or amending your Will, it includes things as diverse as:

• your car;
• furniture;
• children’s trampoline; and
• pets.

It also includes more personal items such as jewellery and collectables.

How do I deal with personal chattels in my Will?

When writing a Will, understandably, we tend to focus on personal chattels with a higher monetary and/or sentimental value. Indeed, many Wills specifically mention a few such items. However, most of us like to avoid a long and detailed Will regarding the rest of our possessions. Often, such long Wills require regular updates as we acquire more belongings or change our minds about what we would like to happen to them.

Instead, most people choose to give their executors total discretion as to what should happen to any personal chattels not explicitly dealt with in their Will.

Letter of Wishes

You may decide to set out who should receive your personal chattels in a letter of wishes. Although not legally binding, executors often welcome any guidance, practical suggestions and even reassurance that you can offer them in this way. While your executors can choose to ignore any or all of your wishes, most people find it difficult to ignore the deceased completely.

When writing a letter of wishes, remember that if it conflicts with your Will in some respect, your Will is legally binding and takes precedence. Anything you do not wish to leave to the discretion of your executors – perhaps the destination of a family heirloom – must be dealt with in your Will.

A letter of wishes is never a substitute for a Will, but it does have the advantage of allowing you to update it as often as you wish at little or no expense. But remember, it’s important to store your current letter of wishes with your Will.