If a Will mentions jewellery, like watches etc who takes priority?

[inheritancetrack]

The Will we are contesting mentions division of rings, watches, tiepins, cufflinks and jewellery (some heirlooms, some just cheap costume jewellery). It specifies it is to be divided between the 3 beneficiaries, but doesn't mention who can have which items. It does say 'mainly to .... and ....., (the two daughters). They can have the majority, but its a really sticking point when it comes to the gifted stuff. (we know being a gift isn't relevant insofar as reclamation goes). Mainly isn't very specific.

My relative wishes to have only the gifts given to the deceased, which are less than the majority and probably have a smaller monetary value. (5 from 36)

However the other beneficiaries are saying they want those items and clearly its just for the money or vindictiveness, as they have no sentimental value for them, but immense value to the surviving spouse.

Obviously mutual agreement is needed but this isn't happening so what does the law say, or what can we do to keep precious memories?

*The deceased excluded the DC of the surviving spouse during the marriage. They even wrote in the will that if the surviving spouse died first, everything, even their own parents belongings would go to the deceased's daughters.

So basically everthing to one set of stepchildren, and nothing (even their own parent's belongings) to the other set.*

Well that's very vindictive of the deceased, if I've read it right, they would rather give their children's grandparents things to their step children than their own children?

Or are there 3 sets of children, birth/step from a previous marriage/step from this marriage?

@MichelleScarn Two sets of stepchildren. One from the deceased and one from the bereaved spouse.

It says...should .......(bereaved spouse).... pass away prior or at the same time, their share of the property and savings from my estate, shall be passed to ......(two daughters)....

My relative was so in love with the deceased they didn't make a will as they wanted everything to go to their spouse, and even made all insurances payable to them. Fool for love eh?

I see I misunderstood. I apologise. Its really complicated. I think the second husband should get back the gifts he had given to his wife now deceased. It doesn't sound a very amicable set up at all. In this case a solicitor should sort it out if the beneficiaries can't agree.

So the set of daughters who are contesting the deceased will and wanting the jewellery are step children and not even from the most recent marriage, that's just awful!

@MichelleScarn

So the set of daughters who are contesting the deceased will and wanting the jewellery are step children and not even from the most recent marriage, that's just awful!

The daughters are the deceased's daughters and step-children of the deceased's spouse. They are not contesting the will, but they do want the jewellery. The deceased's spouse is contesting the will on the basis that it does not make adequate financial provision for them.

Ah thanks @prh47bridge!

The lesson to be learned from this: give your jewellery away before you die. If at all possible. Know the value of each piece and be fair. My DDs are already dying up my rocks! If DH married again I cannot imagine that my jewellery would go to anyone else. It’s not in my will as I don’t want it to attract IHT. So I’ll be handing it over at some point (if they can afford the insurance!)

@TizerorFizz

The lesson to be learned from this: give your jewellery away before you die. If at all possible. Know the value of each piece and be fair. My DDs are already dying up my rocks! If DH married again I cannot imagine that my jewellery would go to anyone else. It’s not in my will as I don’t want it to attract IHT. So I’ll be handing it over at some point (if they can afford the insurance!)

It doesn't have to be in your will to attract inheritance tax. Anything you own solely attracts IHT, although it's unlikely on its own to pass the threshold, especially as your home will go to your husband and possibly your DC, so some of it is exempt. Definitely a good idea to arrange who has what beforehand as wills bring out the worst in people!

Yes I see. I was going to make sure DDs got the big ticket items before I go though. Well before. Why increase tax if you don’t need to? If it gets into the estate it’s even more tax!

@TizerorFizz

Yes I see. I was going to make sure DDs got the big ticket items before I go though. Well before. Why increase tax if you don’t need to? If it gets into the estate it’s even more tax!

The threshold is £325,000 so you must have a lot of jewellery 🤣