Updated 22 October 2026
Wills - Potential Problem #23: Not Addressing Family Heirlooms
Family heirlooms can carry a significance that has little to do with their sale price. A grandmother’s jewellery, a grandfather’s watch, antique furniture or family photographs may connect several generations. When a will does not clearly address these belongings, beneficiaries can disagree about who should receive them.
In NSW, clear gifts in a properly prepared will can reduce that uncertainty. The aim is to identify the item, name the intended recipient and make sure the gift works with the rest of your estate plan. Family conversations help, but should not be relied on to do the work of the will.
1. Family expectations do not determine inheritance
Legal Aid NSW’s estate-distribution guidance explains that jewellery and other personal property can pass through specific gifts, a gift of the whole estate or the residue. The residue generally covers property remaining after debts, expenses and other gifts have been dealt with.
An heirloom omitted from a specific gift does not automatically fall outside the will. It may pass to the residuary beneficiaries instead. That result can differ from the family’s understanding of who was supposed to receive it.
2. Christine’s experience with Greek families
I’ve worked with Greek families who have very particular wishes about jewellery and keepsakes. A grandmother may want her jewellery to go to her daughter’s daughter. A grandfather may want his watch and other treasured items to go to his son’s son. For those clients, the items carry a family history that they want a particular grandchild to continue.
In one matter, the will had not been drafted properly to reflect the intended gifts, and the daughter-in-law ended up receiving all the jewellery. What the family had understood and what the document achieved were different.
That experience is why I emphasise naming the person and identifying the pieces. If you mean a particular granddaughter, say who she is. If you mean a particular watch, describe it. These are individual family wishes, not automatic inheritance rules applying to everyone in the Greek community.
3. Identify the item and the beneficiary precisely
Begin with an inventory of the heirlooms you own. The NSW Government’s will-planning guide recommends identifying assets, including jewellery and artwork, and ensuring your executor can find the details.
For each important piece, record its description, location and distinguishing features. A watch’s brand, model and serial number may help. For jewellery, note the metal, stones, engraving or matching set. Photographs can help an executor identify the correct item.
Use the beneficiary’s full name and explain their relationship to you. Discuss what should happen if that person dies before you, or if you sell, lose or replace the item.
If a grandchild is young, address who will hold and safeguard the item until the intended age. Leaving jewellery outright to an adult does not guarantee that it will later pass to a particular grandchild. Ask about an appropriate trust or other arrangement if that later transfer is important.
4. A separate list needs careful legal treatment
A handwritten list, photograph or label on a jewellery box can be useful for identification. It should not be relied upon as a substitute for a properly drafted and executed gift in the will.
The Law Society of NSW’s will guidance explains the usual requirements for writing, signing and witnessing a will. Ask your solicitor how any schedule of heirlooms should be incorporated and how it can be changed.
Legal Aid NSW’s guidance on updating wills explains that changes can be made through a new will or a codicil. Avoid simply crossing out a beneficiary’s name or attaching an updated list and assuming that the legal gift has changed.
5. A real NSW case about personal effects
In Lowe v Lowe [2015] NSWSC 48, a widow and the deceased’s children disagreed about what she received under a gift of household furniture, furnishings and personal effects. The will separately dealt with Lowe family heirlooms, photographs and personal papers, leaving those items to be distributed between the children, who were also the executors.
The widow argued that her gift included the deceased’s car, bank funds, shares and company notes. The NSW Supreme Court held that the personal-effects gift included his car, but excluded cash, money in bank accounts and term deposits, shares and company notes.
The Court considered the wording in the context of the whole will. This interpretation ruling was separate from the widow’s family provision claim. The practical lesson is to identify important items expressly and ensure that specific gifts work consistently with broader gifts of personal effects.
6. What should the executor do with heirlooms?
The NSW Government’s executor guide includes finding, protecting and listing assets, storing valuables securely and arranging appropriate insurance. Executors should account for heirlooms just as carefully as other estate property.
Prepare an inventory, photograph significant pieces and record where they are stored. Check whether items in the deceased’s possession actually belonged to someone else. Arrange an appropriate valuation where value matters to distribution or a proposed sale.
Before distributing property, consider the estate’s debts, expenses and any claims. A specific gift does not remove the need to deal with those obligations. Relatives should not take items from the home simply because they believe the deceased promised them.
Where several beneficiaries share the residue, they may agree on allocating personal belongings. If agreement proves difficult, mediation can help. Obtain advice before selling or transferring disputed items.
7. Five steps to reduce heirloom disputes
Step 1 — Make a clear inventory. List important jewellery, watches, furniture, collections and photographs. Record ownership and distinguish items held for somebody else.
Step 2 — Discuss the meaning of the gifts. Explain why particular items matter and listen to family preferences, while keeping the final decisions your own.
Step 3 — Record specific gifts properly. Give your solicitor the intended recipients’ full names, descriptions of the items and instructions about substitute recipients.
Step 4 — Check the whole will. Ensure the heirloom provisions are consistent with gifts of personal effects, the residue and any trust arrangements.
Step 5 — Review after changes. Update your arrangements when an item is sold or gifted during life, a beneficiary dies or family circumstances change. Tell your executor where the current documents are stored.
8. Estate planning is not only for expensive collections
Legal Aid NSW’s guidance on making a will recognises that sentimental belongings deserve attention even where someone has little money or property. A modest collection can still matter deeply to a family.
For context, NSW Trustee and Guardian’s 2024–25 annual report records 14,415 estate-planning documents prepared and executed for 6,739 customers. These include wills, powers of attorney and enduring guardianship documents. They are one agency’s service figures, not statistics about heirloom disputes.
9. How much does a will cost?
A straightforward single will starts from $440 including GST. We confirm your fee in writing before we start. Detailed heirloom trusts, complex estates and disputes require separate assessment and pricing.
Contact CM Lawyers for help with wills and estate planning or estate administration. We can help turn your intentions for treasured belongings into clear provisions for your executor to follow.
Key resources
