Anonymous
Anonymous asked in Politics & GovernmentLaw & Ethics · 1 decade ago

UK - Is it legal to instruct in your last will and testament all of your assets are to be destroyed?

obviously you cant say "i want my house burned down" but i mean personal effects like furniture, belongings etc. and you could sell a house, turn it into money and then have the money destroyed, theoretically anyway.

Also, legally could someone be instructed to withdraw all the money from an account and burn it or throw it in the ocean or something?

Im in a really bad mood writing my will atm, so this is just a theoretical LEGAL question, please DO NOT go on about leaving it to charities, and leaving it to someone deserving, I'm sure I will eventually do that, but I am just in a bad mood and wanted to know if it was theoretically LEGAL.

Or is that just the fast track to getting your will contested? lol thanks.

please this is a theoretical legal question only i do not want preaching about "good will" et al. is it even legal to burn money? or dispose of it by throwing it in an ocean, burying it, having a bon fire? obviously finding someone to do it may be an issue lol

Update:

My solicitor is away today and monday or else i would ask him. is there anything else anyone wants to know? i called random solicitors they are meant to be calling me back but havent yet. ta

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  • 1 decade ago
    Favorite Answer

    No, it is illegal to destroy money.

    As far as tangible assets go, I can't think of a reason why it would not be legal to destroy them, provided they were not intrinsically valuable.

    But if an asset is valuable, the executors of your will would have a fiduciary duty to protect the interests of the legal beneficiaries of your estate, even if those beneficiaries were not identified in your will. So they would be acting contrary to that duty in common law if they destroyed assets from your estate that had value.

    You should also consider that if you have no legal beneficiaries, no one with a potential claim on your estate, then the State has a legal right to take it. So destroying your valuable assets could also potentially be defrauding the Exchequer.

    I am a linguist, not a solicitor. But I studied trust law as part of my accountancy training.

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  • Anonymous
    1 decade ago

    Your last will and testament is a privilaged document so theoretically you may state anything you wish. However any living relatives may, by law submit an application for 'contestation' of your will. It will then go up against a judge who will almost certainly rule that either the will was not written by someone of sound mind or it's too unreasonable to be permitted. thus, such wishes would not be carried out.

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  • Anonymous
    1 decade ago

    I do not think you are allowed to destroy cash. It is property of the governor of the bank I think. the value of the cash is yours but the physical note is the governors

    I know you said you did not want to be lectured, but there are so many people in the world suffering for reasons not of their own making. Rather than letting your last act be something spiteful, find an orphan living in a shack in Brazil and offer it all your worldly goods. Still eccentric, still send the message who you don't want to get the cash but now something positive.

    Legally if there is anyone you support financially now or who you promised something when you died you have to give them something.

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  • Anonymous
    1 decade ago

    Well theoretically, shouldn't you be asking a solicitor this? What with it being a theoretical _legal_ question and all.

    EDIT:

    ____

    Well you sound like a mean spiteful and vindictive person, that you have to change your will immediately even though your solicitor is away, just because you're feeling angry at the moment.

    But hey what do I know, right?

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  • Anonymous
    1 decade ago

    It's illegal to burn money, something about destroying things with the Queen on or something. But throwing it in the sea...now that may be a different matter :)

    Cheer up x

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  • 1 decade ago

    I'm not sure it's legal to burn bank notes as they are not technically yours (belonging to the bank of england) but hey why not, there's nothing to stop personal possessions being destroyed.....if that's what you want go for it!!

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  • Anonymous
    1 decade ago

    It is not legal to intentionally destroy money.

    Technically you own the money, but it's still the property of the country who minted it.

    You could turn your assets into money, then buy something that is easily destroyed....for example... you could buy an expensive painting with the money and burn it..

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  • Scouse
    Lv 7
    1 decade ago

    They are yours and you can do as you wish with them. You need to leave sufficient money for the wish to be carry out out because if you don't your executors will have to sell some to raise the money.

    But why do you want to do that?

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  • 1 decade ago

    Anyone can contest any will. Destroying stuff would just end up with the executor of the estate taking what he wants.

    It is also a tad wasteful, but i know what you mean.....

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  • 1 decade ago

    No!Are you getting mixed up with Romany Laws when they used to burn all the deceased belongings!Including their caravans!

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