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AIBU?

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Original poster

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

158 replies

Laiste · 20/09/2019 14:25

Just that really.

I've always been told that a certain object must stay in my life forever because it's 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

OP posts:
OneForMeToo · 20/09/2019 14:28

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 · 20/09/2019 14:29

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

MissConductUS · 20/09/2019 14:31

Sell it and see what happens.

Cues Ghostly Music.

colourlessgreenidea · 20/09/2019 14:32

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

silenceofthemams · 20/09/2019 14:32

Get it on Antiques Roadshow. 🤣

Soubriquet · 20/09/2019 14:35

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 · 20/09/2019 14:38

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

Original poster
Laiste · 20/09/2019 14:38

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.

OP posts:
Homealone3 · 20/09/2019 14:38

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 · 20/09/2019 14:39

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

whocanbebothered · 20/09/2019 14:42

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 · 20/09/2019 14:42

What if you "lose" it Hmm

MissConductUS · 20/09/2019 14:42

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.

Original poster
Laiste · 20/09/2019 14:43

Interesting.

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

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

OP posts:
RiddleyW · 20/09/2019 14:44

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 · 20/09/2019 14:44

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 · 20/09/2019 14:45

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 · 20/09/2019 14:45

Executor can also be a beneficiary, yes.

Original poster
Laiste · 20/09/2019 14:45

100 years?

OP posts:
Original poster
Laiste · 20/09/2019 14:48

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.

...

OP posts:
Butterymuffin · 20/09/2019 14:48

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 · 20/09/2019 14:49

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 · 20/09/2019 14:53

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.

Original poster
Laiste · 20/09/2019 14:53

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 ...

OP posts:
recrudescence · 20/09/2019 14:54

Is the item flammable, fragile or otherwise at risk of being damaged beyond repair? Are you accident prone?