Can Your Wills and Estates Lawyer Include Chattels in Your Will?

When making a will, you’re undoubtedly thinking about the big things like your house, money and investments. But what about smaller items such as your jewelry, furniture, photo albums and family heirlooms?

These personal belongings are called chattels. And families mostly end up fighting over these items. It sounds silly but more families fall apart over mom’s wedding ring or dad’s watch collection than over the house itself.

In this blog, we’ll explain what chattels are and why you need to think about them when planning your estate. Plus, how a wills and estates lawyer can help you divide your chattels fairly so your family doesn’t have to.

What are Chattels?

According to the law, chattels are personal belongings that are not real estates or buildings. They are movable items which are owned by a particular person at the time of death.

Chattels commonly include household furniture, jewelry, vehicles, livestock, family heirlooms, collectibles, art work, etc. And these items might have modest financial value but they have significant emotional value.

Which is why disputes over these items are surprisingly common in estates. So, if you give clear instructions about chattel to your wills and estates lawyer, it can prevent confusion and reduce tension between beneficiaries.

Can a Wills And Estates lawyer Legally Include Chattels in Your Will?

Yes, Chattels can be legally included in your will. Your wills and estates lawyer can draft provisions that specify who receives particular items or groups of items. However, the way chattels are addressed is very important.

Because just simply listing everything in your will can create problems if circumstances change in any way. As, items may be sold, gifted or replaced. Which requires updating your will regularly.

And a lawyer who provides legal advice in South Australia will usually recommend an approach that balances clarity and flexibility. Also, In many cases, the will refers to chattels generally or points to a separate document that outlines specific distributions.

Pros and Cons of Including Chattels in your Wills

Including chattels in your will provides certainty. Because beneficiaries know exactly who receives what which reduces the likelihood of disagreements. And this is specifically useful if your items have sentimental value or family significance.

However there are drawbacks. Because wills are formal documents and any change requires proper execution. And if chattels are listed in detail then even minor changes can make parts of the will outdated or inaccurate.

And this can complicate administration and delay the estate process. In this process, an experienced wills and estates lawyer helps you weigh these factors based on your estate, family dynamics and the nature of the chattels involved.

Should You Include Chattels in Your Will or Make a Separate Document

Many people choose to include chattels in a separate written list which is often known as a memorandum of wishes. This document is referred to in the will but can be updated without formally changing the will itself.

If you choose to include your chattels in the memorandum of wishes it will offer you flexibility and clarity. Because it allows you to change instructions as you sell or replace any item.

Which will also help in guiding the executors on your intentions better. However it is important that you should know that such documents are usually not legally binding unless property is incorporated.

So if you are including trusts such as discretionary trust in Australia then you will need to take extra care of these documents. Because trust-owned assets may not form part of your personal estate and instructions around chattels must align with the trust structure.

In Summary

Chattels are often overlooked in estate planning. Yet they are frequently the source of emotional and legal conflict. Including your chattels thoughtfully either in your will or in a separate document can make a huge difference.

An experienced wills and estates lawyer can guide you on the most appropriate approach based on your legal situation. Which will ensure your wishes are clearly and legally sound.

If you are reviewing or updating your estate plan and want clarity round chattels then speak with Andrew B Thiele & Co. We can help you ensure every detail is handled with care and precision.