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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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:
MountPheasant · 20/09/2019 16:21

Apologies, I have not rdft so this may have been said- but I believe you cannot inflict a duty in a will without a benefit. So, you can say 'yes you can have this thing you want, but to get it you must do this' - which you are willing to do if you want the thing.

If you don't want the thing, nobody can force you to have it.

Sorry, I can't recall the exact terms, but I studied law and I recall the overall point. Basically, if you want the clock, they can make you jump through hoops to get it, but nobody can force you to take it.

WeBuiltThisBuffetOnSausageRoll · 20/09/2019 16:26

Extremely localised spontaneous fires are a very tragic thing....

Am I the only one who, before you confirmed it was a clock, was hoping it was an antique ram castrator?

nokidshere · 20/09/2019 16:39

All unwanted and unloved clocks, valuable or not, in great condition or trashy, here to me please Smile I'll send you my address Grin

SynchroSwimmer · 20/09/2019 16:40

Maybe it could go on “formal loan” to be displayed in a relevant museum or other public place....😉

HerRoyalNotness · 20/09/2019 16:40

If it’s historically important, ‘loan’ it to a suitable museum. Job done

SleepingIsOverrated · 20/09/2019 16:43

'The will maker isn't dead yet'... Grin

You must really not like this item to be planning ahead like that, OP Grin

Miljah · 20/09/2019 16:46

Is it this?... Grin

Is it possible to put a clause in a will to stop someone selling something after you're dead?
Confusedbeetle · 20/09/2019 16:51

When we wrote our wills we were told that the recipient could do what they like, once its given its given.

Wolfcub · 20/09/2019 17:06

Op if it’s historically important the. Lend it to a museum. It remains yours so technically not sold/given away but you don’t have to have it in the house

user1471447863 · 20/09/2019 17:35

Is it really Historically Important or is it just old and big?
Not all old stuff is valuable/important and if we keep all the old stuff we will never have room for new stuff.
A lot of old stuff is just old crap and a lot of people delude themselves about the importance/value of something just because it is old.

If every generation bought a grandfatherclock when they got their own home, and then subsequently inherited their parents one (and the grandparents one that their parents inherited) and they were all claimed to be important/family heirlooms, well i think you can see where this is going to rapidly go.

TheSingingKettle49 · 20/09/2019 17:57

The thing is, that even if it was put in trust and you accepted it then got rid of it, someone would have to complain and possibly take you to court for not keeping it - and I think the likelihood of someone going to those lengths, with their own money, would be very slim anyway.

I deal with Wills on a professional basis and I’m constantly telling people to seek legal advice for various things and people almost never do, I think the thought of the cost and time involved in pursuing things legally puts a lot of people off.

TheBrockmans · 20/09/2019 17:58

Is it this clock?

Is it possible to put a clause in a will to stop someone selling something after you're dead?
cinnabarmoth · 20/09/2019 18:04

It's my understanding that you don't actually have to accept something that you have inherited in the first place. But I am not sure if you can only accept part of it.

Laiste · 20/09/2019 18:35

This is had made me laugh and i need to read it all back again properly.

But just quickly -

It IS a grandfather clock. It is documented in one of the big museums (British museum?) who have a photo of it. It's valuable because it's very old and was made with only one hand.

OP posts:
WeBuiltThisBuffetOnSausageRoll · 20/09/2019 18:38

It's valuable because it's very old and was made with only one hand.

Do you mean the clock face only has one hand or the person who made it only had one hand (or had two but tied the other one behind their back because they relished the challenge)?!

Sindragosan · 20/09/2019 18:43

If it is historically important, you could probably find a museum to loan it to, so it stays in the family and you don't have to actually look at it.

GotToGoMyOwnWay · 20/09/2019 18:48

I’d ask the museum who has a photo up if they want the real thing.

AbsinthedelaBonchance · 20/09/2019 19:06

If left in trust all the beneficiaries together can agree to break the trust -if they're all adults and between them entitled to the whole trust. So if the clock is left to you and then to your adult son the two of you together can agree to flog the clock and split the proceeds.If some are children say your 5 year old DGC is to inherit the clock on the death of you and your DS - you would have to go to Court to ask them to consider whether the sale and the split would be in the child's best interest. As longcase clocks can go up to 6 figures it may be quite tricky -but the Court may say that a third of the proceeds in a high interest account accessible at 25 is better than the whole clock at 50. If your relative gets some good advice - it would be possible to avert this - a clause saying that any beneficiary trying to break the trust only gets £1 would probably do...Or add someone to the trust who would never agree to break it - Or name so many potential beneficiaries that you couldn't trace them all...

NotStayingIn · 20/09/2019 19:07

Sorry I'm giggling about the 'made with one hand'. Smile

I would look into loaning it out too if it really is noteworthy. To a museum, University/Society relevant to the clock, any old building of note, society of one-handed craftsmen, you may have to get a bit creative. Smile

Notthetoothfairy · 20/09/2019 19:17

I think the OP wants the money rather than not liking the clock. If not formally put in trust, surely the executor would not have to keep tabs on you till the end of time to make sure you don’t sell it!

Laiste · 20/09/2019 19:30

Now i'm laughing at the one hand thing too Grin And the school rum.

I wish i had more time to be on my own thread but life's getting in the way tonight.

The giving to the museum idea is a really good one. It really is more about the fact that this clock is bulky and hard to house. No good with low ceiling ect.

You can't have it running as it's SO LOUD! Even just the tick. We've tried putting leather over the ... bonger? but it wears away really fast.

OP posts:
ChicCroissant · 20/09/2019 19:54

If it really is valuable, it will be too expensive to insure so a museum or other interested large stately home would be a good match all round.

I like chiming clocks but we have one that it a bit loud and I'm now wondering about putting something on the hammer to quieten it down!

Grambler · 20/09/2019 20:00

But you haven't answered the question about how it is one handed Grin

GeorgeTheFirst · 20/09/2019 20:02

Bonger 😂

PinkOboe · 20/09/2019 20:07

Take the haunting on the chin