Legal Question in Wills and Trusts in Alabama
Interpretation of a will regarding tangible personal property
''I give all the tangible personal property which I own at my death, excluding any household furniture, automobiles, books, pictures, jewelry, art objects, hobby equipment and collections, club memberships and stadium certificates, wearing apparel, and other articles of personal use, to ''A,'' ''B,'' and ''C'' in shares of shares of substantially equal value.'' This is a passage (paraphrased) from my dad's will. Why would he ''exclude'' these items? What items of tangible personal property, practically speaking, will be left (to be divided into thirds) after that long list of items is excluded? So these listed items are to be ''excluded.'' Excluded in order to go where? Back into the estate, I imagine, to be distributed according to a later provision of the will that addresses beneficiaries of the residuary estate. But what is the purpose of such an illogical exclusion of tangible personal property items?
1 Answer from Attorneys
Re: Interpretation of a will regarding tangible personal property
It's hard to divine the purpose of the exclusion. Unless the cars, furniture, etc., were specifically given to individuals or placed into trust, any excluded property should fall into the residuary clause of the will, as you describe.
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