ChatterBank1 min ago
Making Will – What Is “Personal Chattels”?
4 Answers
Making new will, Mr Solicitor wrote “Due to a recent change in the law, I have also amended the definition of personal chattels at clause (blah blah blah) to tie in with the new requirements and recommendations.
“I leave all my remaining personal chattels as defined by the Inheritance and Trustee Powers Act 2014 section 3(1) (except those which are the subject of specific gifts in this will or any codicil to it) to my said son.”
Please explain what all this means in PLAIN ENGLISH! And how is it different now to how it was before?
Many thanks in advance
“I leave all my remaining personal chattels as defined by the Inheritance and Trustee Powers Act 2014 section 3(1) (except those which are the subject of specific gifts in this will or any codicil to it) to my said son.”
Please explain what all this means in PLAIN ENGLISH! And how is it different now to how it was before?
Many thanks in advance
Answers
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For more on marking an answer as the "Best Answer", please visit our FAQ.In plain English chattels are goods that physically exist, can be touched. It is possible to own assets that don't physically exist such as shares in a company or a racehorse; digital music and ebooks.
The difference between the old and new laws is that the old law listed the chattels the law applied to:
“Personal chattels” mean carriages, horses, stable furniture and effects (not used for business purposes), motor cars and accessories (not used for business purposes), garden effects, domestic animals, plate, plated articles, linen, china, glass, books, pictures, prints, furniture, jewellery, articles of household or personal use or ornament, musical and scientific instruments and apparatus, wines, liquors and consumable stores, but do not include any chattels used at the death of the intestate for business purposes nor money or securities for money
The new law has simplified this:
Personal chattels” means 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:”.
It is clear the old law no longer applies to the chattels that are commonly owned today - electronic gadgets such as computers and televisions for example and to make a list of every conceivable chattel is unrealistic.
So, for the purpose of the law today chattels are everything that is owned by the deceased personally (not for his or her business) except money and investments.
The difference between the old and new laws is that the old law listed the chattels the law applied to:
“Personal chattels” mean carriages, horses, stable furniture and effects (not used for business purposes), motor cars and accessories (not used for business purposes), garden effects, domestic animals, plate, plated articles, linen, china, glass, books, pictures, prints, furniture, jewellery, articles of household or personal use or ornament, musical and scientific instruments and apparatus, wines, liquors and consumable stores, but do not include any chattels used at the death of the intestate for business purposes nor money or securities for money
The new law has simplified this:
Personal chattels” means 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:”.
It is clear the old law no longer applies to the chattels that are commonly owned today - electronic gadgets such as computers and televisions for example and to make a list of every conceivable chattel is unrealistic.
So, for the purpose of the law today chattels are everything that is owned by the deceased personally (not for his or her business) except money and investments.
Some law student wrote an essay on this and plonked it on the internet:
and it is here
http:// www.wil ls.org. uk/inhe ritance -and-tr ustee-p owers-a ct-2014 /
I knew of this new law in altering who gets what in cases of no-will.
You doesnt include you ! But it also redefines personal chattels ( previously defined by the law of property act 1925 ) to a new one which is exhaustively discussed by hc - the new definition is half way down.
tangible movable property is stuff you cant nail down
or Jogger Jayne's definition is good
anything better you have to go to the relevant act of parliament
[thx for that it looks as tho I am gonna have to look at my will]
and it is here
http://
I knew of this new law in altering who gets what in cases of no-will.
You doesnt include you ! But it also redefines personal chattels ( previously defined by the law of property act 1925 ) to a new one which is exhaustively discussed by hc - the new definition is half way down.
tangible movable property is stuff you cant nail down
or Jogger Jayne's definition is good
anything better you have to go to the relevant act of parliament
[thx for that it looks as tho I am gonna have to look at my will]
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