The partners of my firm are executors of an estate.
The deceased’s Will leaves the following clause:-
“I GIVE all my personal possessions as described by Section 55(1)(x) as amended by the Administration of Estates Act 1925 to X absolutely”
The specific legatee wishes to keep the deceased’s car and also a few other items in the house. She does not want 99% of the house contents.
Can she partially disclaim the rest of the chattels so that they fall into residue? Or is the gift of chattels technically one gift so that she cannot partially disclaim?
If she cannot disclaim, then who pays for the clearance costs to get rid of the rest of the items? The cost of the removal will exceed the value of the remaining items.
The gift is a single gift of the chattels in total, and not a series of gifts of any of the individual chattels.
Unless the will specifically provides otherwise, the beneficiary accepts the legacy in full, or disclaims in full. They cannot pick and choose between elements of a single legacy.
The beneficiary cannot disclaim once they have accepted any part of the legacy.
If the beneficiary wishes to keep some of the chattels only, they should put the estate in funds to cover the cost of removal and disposal of those items they do not want. Any surplus remaining after the chattels have been dealt with can be returned to them.
If the beneficiary disclaims the gift it is likely to fall into residue, although this will depend upon the precise wording of the will.
Prima facie there is a single gift albeit comprised of a number of individual assets.
In which case either the whole gift must be disclaimed or none of it ie a partial disclaimer of some off the assets whilst acceptance of the others is not possible.
Re Joel, Rogerson v Joel [1943] Ch 311; Guthrie v Walrond (1882) 22 Ch D