Personal Possessions, Your Will & Your Beneficiaries | Curtis Parkinson
Personal Possessions Your Will and Your Beneficiaries

Personal Possessions, Your Will & Your Beneficiaries

You could be forgiven for thinking that in drawing up your Will, the most important things to consider are how to distribute the larger items that make up your estate. Things like your home, other property, savings and your car. However, it’s how you deal with the little things in your Will, your personal possessions – or ‘chattels’, that can cause friction after you die.

For most of us, the cash value of our personal possessions is modest. But the sentimental value is not. Who gets what can affect relationships irreversibly. Long-held resentments often surface, and it’s not uncommon for costly litigation to ensue.

Battle Over Robin Williams’ Estate

Take the famously reported battle over the estate of the much-loved comedian Robin Williams. Following his death in 2015, a bitter argument broke out between his widow Susan Schneider and his three children (from previous marriages), over the interpretation of the wording relating to personal possessions in Williams’ Will.

The terms of his Will placed his “clothing, jewellery and personal photos that were taken before his marriage to Susan” and “memorabilia and awards from the entertainment industry” in a trust. The trust stated that these items should be given to his children, leaving the rest of the contents of the Tiburon house (specifically excluding those gifted to his children) to Susan.

Williams had also stipulated that Susan should be allowed to live in the Tiburon home for the rest of her life. A fund was established by the Trustees (Williams’ attorney and accountant) to pay all of the expenses on Susan’s behalf.

Superficially, everything seemed straightforward enough. Robin Williams had taken time to think about arrangements after his death, his children would receive what he wanted them to, and Susan would be provided for.

However, the lack of clarity over the definition of “memorabilia”, “collectables” and “knick-knacks” resulted in a costly dispute and considerable anguish for those involved. For example, Susan was unclear whether repairs to the Tiburon property would be covered by “all costs related to the residence”. This left her very concerned about whether she could afford to live there. Furthermore, she was anxious to know whether she would be entitled to personal items such as the tuxedo he wore at their wedding. Communication broke down and acrimony ensued.

Whilst the dispute was settled, the publicity surrounding it cost dear. Something Robin Williams had tried to avoid by taking his estate planning seriously.

Importance of Personal Possessions

The moral of this case? When you’re thinking about your Will, don’t underestimate the importance of your personal possessions. Sentimental value attached to personal items can be immense, and disproportionate. Be clear. Make a list of things, or a ‘letter of wishes’, where possible. Choosing not to confront this issue at the outset and leaving your Executors to distribute your ‘chattels’ at their discretion, may leave them exposed to a complaint. Your letter, which is placed alongside your Will, can explain why you want certain people to inherit specific things. Your explanation is likely to diffuse any potential argument or conflict.

Naturally, speaking to your family face-to-face is also useful. Sharing your thoughts and openly discussing your wishes with those close to you can give clarity and an opportunity to ask questions.

Our Advice

Circumstances vary for everyone, and you should tailor your Will to suit. A Will should accurately reflect your wishes. Specialist advice will make a difference. Our team has many years of experience advising clients about estate planning and can guide you through the process

If you need further advice or information about making a Will or related service, including the costs involved, please contact us. We’re here to help.

Please note that all views, comments or opinions expressed are for information only and do not constitute and should not be interpreted as being comprehensive or as giving legal advice. No one should seek to rely or act upon, or refrain from acting upon, the views, comments or opinions expressed herein without first obtaining specialist, professional or independent advice. While every effort has been made to ensure accuracy, Curtis Parkinson cannot be held liable for any errors, omissions or inaccuracies.

Partnerships & Accreditations