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Is it possible to put a clause in a will to stop someone selling something after you're dead?

(159 Posts)
Laiste Fri 20-Sep-19 14:25:20

Just that really.

I've always been told that a certain object must stay in my life forever because it's <serious voice> In The Will That It Must Never Be Sold.

This has been told to me since i was a child and i've always grudgingly accepted it - suddenly i'm wondering .... is this even a real thing? i feel a bit daft for asking

OneForMeToo Fri 20-Sep-19 14:28:49

How would it possibly be enforced. Who knows about the item and will?

Surely once it’s yours it’s yours unless purely held in trust.

Neome Fri 20-Sep-19 14:29:39

Have you been told who you have to leave it to?

MissConductUS Fri 20-Sep-19 14:31:13

Sell it and see what happens.

Cues Ghostly Music.

colourlessgreenidea Fri 20-Sep-19 14:32:41

Ask to see a copy of the will, and seek independent legal advice.

silenceofthemams Fri 20-Sep-19 14:32:56

Get it on Antiques Roadshow. 🤣

Soubriquet Fri 20-Sep-19 14:35:42

Unless you have someone who is going to give you hell for selling it, sell it

It’s yours to do with as you wish

Whattodo20192 Fri 20-Sep-19 14:38:24

I think there can be conditions attached. Get a copy of the will to see.

Laiste Fri 20-Sep-19 14:38:27

I was hoping for a definite NO, people!

grin

I have been told it has to stay in the family. So - passed down through me to my DCs.

I could ask to see the will ... but then i'd have to say why ...

The will maker isn't dead yet. But has form for fibbing to have control.

Homealone3 Fri 20-Sep-19 14:38:53

I had a similar discussion with dh.
Mil would always tell her kids that this spice of furniture is being left to you.
When we cleared out her house after she moved to a home, dh was worried about getting rid of said item because it was in the will.

Item was vile- dirty, damaged and smelly. Not to mention utterly worthless(yes I checked)

I said it can't be left to anyone if it is gone before she does. None of her kids wanted it

Homealone3 Fri 20-Sep-19 14:39:59

I do know of occasions this is the case. Clauses etc but the executor would have to enforce it.

whocanbebothered Fri 20-Sep-19 14:42:03

If it's left to you it then it therefore belongs to you. So how could anyone tell you what to do with something you own?

whocanbebothered Fri 20-Sep-19 14:42:18

What if you "lose" it hmm

MissConductUS Fri 20-Sep-19 14:42:23

I think once ownership passes to you you can do with it as you please. You either own or it or you don't. If you own it you can do with it as you please.

Laiste Fri 20-Sep-19 14:43:29

Interesting.

''Lose it'' made me laugh smile This thing quite big. and ugly

I don't remember who the executor is. Would it/could it be someone named in the will?

RiddleyW Fri 20-Sep-19 14:44:07

Wills can’t do this, no. It could be placed in trust for someone else but it can’t be given to you with conditions.

kitkat6 Fri 20-Sep-19 14:44:12

Yes you can leave something to someone else as the life tenant of the property (for wills property doesn't just mean a building) the eventual beneficiaries would be something like 'The Smith Family Trust' which would run for 100 years and be passed through the generations.

In order to get rid of the property the trustees would need to agree to get rid of it and dissolve the trust.

Lunafortheloveogod Fri 20-Sep-19 14:45:18

How would they ever know..

Suppose your ornaments could start flying around after it’s gone. I might test this theory when I’m old grin

PianoTuner567 Fri 20-Sep-19 14:45:52

Executor can also be a beneficiary, yes.

Laiste Fri 20-Sep-19 14:45:59

100 years?

<faints>

Laiste Fri 20-Sep-19 14:48:04

So - if it's not actually done properly with the 'in trust' for 100 years thing shock then the executor has to be the one to enforce it.

...

Butterymuffin Fri 20-Sep-19 14:48:21

Is the item currently in your possession or theirs?
If theirs then I would just agree for now. They won't know what you do after their death. And even if there's a clause to say 'mustn't be sold, is a family heirloom' what's to stop you giving it immediately to one of your kids but then they won't be bound by your will in the same way and can cheerfully send it to the charity shop.

Lindy2 Fri 20-Sep-19 14:49:37

I think there is something called a lifetime interest. This is where you have the use of something for your lifetime and then it passes to the next named beneficiary.

I've only heard of this for property and land thouģh, not other belongings. I imagine it would all have to be set out in a lot of detail in a Will and would be quite complex.

I'd love to know what the item is OP. Is it something truly hideous that will take up half a room?

ProfessorSlocombe Fri 20-Sep-19 14:53:08

Items can be placed in trust, and the trust have conditions attached which the trustees have to observe. It's not foolproof, but it's one way to try to ensure compliance.

Laiste Fri 20-Sep-19 14:53:40

Lord i recon this is the sort of thing it's going to be. I've got to keep it and then the kids will feel obliged to have to keep it, ect.

It's a clock. It's big and is historically important.

Apparently ...

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