As a lawyer, may I suggest that to ensure that heirlooms get to the correct heir, particularly those that are of significant value or coveted by a number of heirs, you include them in your will. This ensures they go where you want them to go and allows the heir to insist on their right to a particular item.

For the smaller, less fiscally valuable items, a phrase such as "I trust that my executor will be guided in distributing my estate by such memoranda as I leave in a binder/notebook, etc. titled 'For My Executor' (or any other name you choose). Then make sure the book has pictures of the specific items, a copy of the history you wanted to pass along, and the full name and birth date or address of the recipient.

So often people write, "I want John to have my old chest." But that could be any chest from a tea chest to a hope chest to a bureau or the old travel chest in the attic that no one knows exists! And it could be John the youngest grandson, or John your son, or John the handyman!

And remember, the intended recipient of something very important can die before the testator. A book like this allows the person to write notes to the executor explaining what they want to happen if someone predeceases them. It can be easily added to when something new is acquired or something sold or given to the recipient. Other directions/suggestions can also be included as it does not legally bind the executor, but provides great help and moral-suasion.

Different jurisdictions allow you to deal with your estate and will in different ways, so these are only suggestions that I have found work very well in Ontario.

Regards,
Nola Crewe