Beneficiary - Collection of goods left in the Will


(Helen Beaumont) #1

I believe someone else has had a similar issue to this, but cannot see a solution!
My clients are Trustees of a Property where they now live with the Life Tenant (they are siblings), and which is being extensively refurbished. The household goods/chattels were left in the deceased’s Will to another family member (beneficiary). The Trustees/Life Tenant and the beneficiary are not on speaking terms.

The Trustees have stored the goods at the property since the death of the Testator, for some two years now, available for collection by the beneficiary’s representative. They have also offered, via an intermediary, to have them delivered to his preferred location, but no agreement has been reached.

The goods are now in the way of the refurbishment. Can the Trustees give a notice or set a time limit for collection/arranged delivery of the goods? Can they use the Tort (Interference with Goods) Act 1977 for this purpose? There is no money to pay for storage, and it seems unlikely that the beneficiary would pay. The value of the goods is nominal.

Any advice or suggestion would be appreciated.

Helen Beaumont
Kloosmans


(John Cartlidge) #2

An earlier discussion which may help.

John Cartlidge
Campion Solicitors