The word ‘chattel’ comes down to us from the harsh economics of everyday life in mediaeval England, many hundreds of years ago. The truth about chattels in England in those days, was that most wealth did not sit in bank accounts or property portfolios. Instead, it walked on four legs.
Those legs belonged to cows, sheep and goats, and these were literally life savers for peasant small-scale farmers. They provided them with milk, wool, meat, and, importantly, value they could trade. These animals were often their most valuable possessions, indeed often their only meaningful ‘chatels’.
The Origin of ‘Chattels’ in England
There were many Italian and French words in circulation in mediaeval times, that filtered through from the Roman and Norman invasions. The Latin word for possessions was ‘capitale’, which morphed into ‘chatel’ in French.
This is how the old French word ‘chatel’, meaning property or goods, evolved into the English word ‘chattel.’ In a very literal sense, a person’s wealth could be counted in animals tied to a post. So now you know the plain truth of how ‘chattels’ came to mean ‘movable possessions’ in England.
The Truth Is We Have Moved On
Absolutely moved on, although our legal system tends to hold on to the archaic term because it provides continuity. Once a term becomes embedded in statutes and case law, replacing it can create confusion. So ‘chattels’ still refer to movable personal possessions, although these are nowadays more than just animals!
Today, English law broadly divides property into two main categories, namely real property and personal property. Real property includes land, and anything permanently attached to it such as buildings.
Chattels, by comparison, are personal property, and typically items you can move without altering the structure of a property.
But there are a few more distinctions worth understanding among the truths that distinguish chattels in England. One key concept is the difference between ‘pure chattels’ and ‘fixtures’. A pure chattel is something entirely independent of a building or land.
But a fixture, on the other hand, is something that was once a chattel but has become attached to land or a building, in a way that makes it a permanent part of the property. Whether an item is a fixture or a chattel can depend on how firmly it is attached, and the purpose of that attachment.
There are another two terms that come down to us from the Norman invasion of 1066. These are ‘choses in possession’ and ‘choses in action’. Choses in possession are things that we can physically touch. Whereas choses in action are intangible rights, like debts owed to us or shares in a company.
Why Do These Truths Matter?
These truths about chattels in England become especially important, when dealing with wills and deceased estates. You see, when someone dies in England, their estate must be identified, valued, and distributed according to their will, or, if there is no will, under the rules of intestacy.
Personal chattels often form a significant part of an estate, both financially and emotionally. While they may not always carry the highest monetary value, they frequently hold sentimental importance. Think of family heirlooms, collections, even everyday items tied to memories.
English law gives special treatment to these personal chattels in the context of inheritance. The term generally includes tangible movable property, but excludes money, business assets, and specific investment-related items.
This distinction matters greatly because, if there is no will, then physical items often pass to the civil or legal partner under intestacy rules, before the rest of the estate is divided up.
More Truths About Chattels You May Not Know
Another truth about chattels in England, of which many people are unaware, is chattels can be dealt with in several ways. A person might leave specific items to named individuals. Alternatively, a will may include a general clause leaving all personal chattels to one beneficiary.
Problems can arise if items are not clearly described, or if their classification as movable chattels is disputed. This can lead to delays or even legal challenges during the administration of an estate.
Executors Must Handle Chattels Correctly
Executors must identify and distribute chattels correctly. They may need to professionally value items, decide whether something is a fixture or a chattel, and ensure that the deceased’s wishes are followed to the letter.
In some cases, beneficiaries may disagree over who should receive certain items, especially when sentimental value is involved.
In short, while the word ‘chattel’ may come from a time when wealth grazed in fields, it still plays a practical role in modern English law.
Understanding what counts as chattels – and how these items are treated – can make a significant difference when planning a will or managing an estate.
The best solution often begins with assessing chattels responsibly, so they are shared fairly. Avery Associates assists people preparing their wills – and those executing them – to assess their value for inheritance tax and distribution.
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