Left something in Will that someone else has

toastedcrumpetsrock · 2023-12-31T00:04:59+00:00

I was left a number of things in the Will of a family member, all the same, relating to their and my profession- for example 10 typewriters of various age and condition, I had thought one was missing but couldn't be certain. I have just seen a sm post of said 'typewriter' from someone else in the same profession who has 'borrowed' it from the relatives widow - where do I stand on this? I was never given a list of the items in the Will it was just termed ... I give toasted crumpets all of my typewriters absolutely.

prh47bridge · 31/12/2023 00:14

If it was given away by the deceased (or with their knowledge and consent) prior to their death, it is not yours regardless of anything it says in the will. However, if it still belonged to the deceased, it is now yours and you are entitled to ask for it to be returned.

Original poster

toastedcrumpetsrock · 31/12/2023 00:21

It still belonged to them but was on loan to someone else who returned it at the funeral

OP posts:

Beautiful3 · 31/12/2023 00:38

It its been returned, it goes to you surely.

prh47bridge · 31/12/2023 00:44

Agree with @Beautiful3. If it was specifically left to you in the will, it is now yours.

Original poster

toastedcrumpetsrock · 31/12/2023 00:46

Thank you both - time for a difficult conversation with widow who is quite a difficult character

OP posts:

ZebraD · 31/12/2023 00:48

Why are you so upset about it? Does it matter?

happinessischocolate · 31/12/2023 07:34

Surely you should speak to the person who did the probate and who originally told you that you could have the "typewriters"

Original poster

toastedcrumpetsrock · 31/12/2023 11:46

ZebraD · 31/12/2023 00:48

Why are you so upset about it? Does it matter?

I'm not particularly upset, but it's been left to me and I hope to leave them to one of my dc who shares the passion, his widow hasn't followed the Will with other things either although that doesn't directly affect me, surely a will is written for a reason and the last requests should be honoured

OP posts:

demonheed · 31/12/2023 12:04

"Why are you so upset about it? Does it matter?"

Of course it matters! I fully expect my will to be executed properly and if it isn't I'll be coming back to haunt them.

Sisterpita · 31/12/2023 13:19

ZebraD · 31/12/2023 00:48

Why are you so upset about it? Does it matter?

Clearly the typewriters are sentimental items rather than £££. So it is understandable the op is upset and why it matters.

3luckystars · 31/12/2023 13:21

Good luck grasping the nettle!

prh47bridge · 31/12/2023 14:07

toastedcrumpetsrock · 31/12/2023 11:46

I'm not particularly upset, but it's been left to me and I hope to leave them to one of my dc who shares the passion, his widow hasn't followed the Will with other things either although that doesn't directly affect me, surely a will is written for a reason and the last requests should be honoured

Show quote history

The executor is required to follow the will. If they have not done so, they may be held personally liable.

MissLucyEyelesbarrow · 31/12/2023 14:27

Is the widow the only executor? It might be less sensitive to approach someone else, if there is more than one.

Original poster

toastedcrumpetsrock · 31/12/2023 14:43

It was quite a complicated Will with trusts and property and then several small bequests of which mine was one, the trustees and executors comprising accountants and solicitors who were friends of deceased and his wife, she was left to do the giving of the small bequests but as it was not all individually listed just 'I give all of my typewriters to toasted absolutely and all of my art collection to * absolutely' it's hard to tell really.
The pp was right that it's the sentimental value to me and also that I do want his last requests honoured.
I will leave it a few weeks as I know this time of year is difficult for her and then cautiously proceed!

OP posts:

ZebraD · 31/12/2023 14:49

I don’t really understand why you would want to bother in all honesty. Why cause an upset for someone who has lost their husband over one typewriter. You have the rest and something to remember them by. You sound like a dog with a bone on this and I personally do not think it is worth the upset. But it’s up to you - remember you reap what you sow though…

Original poster

toastedcrumpetsrock · 31/12/2023 15:20

ZebraD · 31/12/2023 14:49

I don’t really understand why you would want to bother in all honesty. Why cause an upset for someone who has lost their husband over one typewriter. You have the rest and something to remember them by. You sound like a dog with a bone on this and I personally do not think it is worth the upset. But it’s up to you - remember you reap what you sow though…

Do I? I was just asking the question, I'm happy for it to be on loan but would like it eventually- it will mean nothing to her relatives. I don't wish to upset her which is why I'm not mentioning it yet

OP posts:

ZebraD · 31/12/2023 17:42

How do you know it doesn’t mean anything to anyone else? Like the widow herself if that’s where it came from.

how many things do you need to remember someone?
seriously…focus on treasuring what you have and not what you don’t have.
if you think time will heal any upset of you questioning this, I think you are fooling yourself. I think you are lucky to have received anything at all if they were survived by their spouse.

PegasusReturns · 31/12/2023 18:05

I think you are fooling yourself. I think you are lucky to have received anything at all if they were survived by their spouse

This is a ridiculous comment. Are you really suggesting that marriage vitiates an individuals ability to decide what happens to their belongings.

you have no idea what the relationship was between the OP and the deceased nor the length or state of the marriage.

Original poster

toastedcrumpetsrock · 31/12/2023 19:20

Presumably he'd have left it to her or the person she has loaned it to if that's what he wanted?
Anyway I have the answers I needed, thank you everyone

OP posts:

Mellowautumnmists · 31/12/2023 21:58

I think you are fooling yourself. I think you are lucky to have received anything at all if they were survived by their spouse

Errr..... that is not how the law relating to wills and probate works actually.......

prh47bridge · 01/01/2024 08:18

ZebraD · 31/12/2023 17:42

How do you know it doesn’t mean anything to anyone else? Like the widow herself if that’s where it came from.

how many things do you need to remember someone?
seriously…focus on treasuring what you have and not what you don’t have.
if you think time will heal any upset of you questioning this, I think you are fooling yourself. I think you are lucky to have received anything at all if they were survived by their spouse.

Do you really think that the deceased's will should be ignored just because their spouse survived? That isn't how it works.

rwalker · 01/01/2024 08:27

Out of respect for the widow I wouldn’t mention it I’m sure she doesn’t need any more problems in her life at this moment

If your that determined to stake you claim on it
a VERY carefully worded letter to the person who has it
saying they you were left the typewriters including the one they have
and the only thing you ask is if ever they wanted to get rid of it can they give it back to you
but in the meantime enjoy it and remember the person who’s it was

GorblimeyTrousers · 01/01/2024 08:38

Gosh OP some unusual answers. When we love someone we want their wishes honoured not thwarted. That’s very understandable.

Mellowautumnmists · 01/01/2024 08:44

I'm assuming you're in England/Wales @toastedcrumpetsrock?

If so, then I agree with previous poster - some very peculiar answers indeed.

I shudder to think what must go on following the death of someone when their estates are distributed given some of the replies on here.

Assuming the gift/legacy is still available then it has to be distributed in accordance with the terms of the will unless a deed of variation by the beneficiary is made.

To do otherwise could render the executives personally liable.

TheIsleOfTheLost · 01/01/2024 09:04

I think it is sad, but wouldn't pursue it. Of course, you may feel differently and should do what is best for you. One of my children was supposed to be left something of no value by a friend of my parents, to do with a hobby that both he and the deceased had. It never materialised and I really didn't want to hassle the adult children of the person who died for it. Hopefully made it to a charity shop and not a skip.