06 May 2016

One man’s treasure is another man’s cash

Wills, Powers, Estates & Family Provision Claims
Federal

Asked

Hi

A client wishes to include a list of collectors items in his will which he would like the executors to sell for best market value. Can you please advise whether it is best to include this list in the body of the will, or can you include the list in an annexure to the will?

Thanks.

Answered

Thanks for the question.

Lists are only testamentary if they are already in existence, not able to be changed, incorporated by words in the will and are specifically identified. Incorporating a list as a schedule to the will is perhaps a better approach.

Alternatively a list without testamentary effect can be available for guidance of the executor and has the flexibility of enabling the testator to change it.

Regards

Mentor