What happens to Veddw Garden when we’re dead?
For the past 35 years we have been making a garden at Veddw. And now, knowing we won’t live forever, (we have not had a nasty diagnosis) we’re thinking about what will happen to the house and garden when we die.
We don’t have children, so we have no obligation to leave it to anyone in particular.
The Plan
What I would really really like to do is to leave it to a young keen garden loving person who would be capable of turning it into a business to support them. And who would be capable of developing it to keep it alive and exciting.
I imagine it like this: someone will one day discover, out of the blue, that they have been left the place. With everything, as it is. They will walk into a house and garden which will be all theirs, and if we’re lucky they will have a little money we may have managed to keep (hmm – unlikely?!) as a starter. With which to pay death duties at least.
We began with less and just two fields round the house.
The idea seems magical to me.
Having no idea at the minute just when either of us might die, we cannot name anyone ourselves – they might be too old or entrenched in something else to uproot and dig in at the right moment.
And I have no wish to know this person or personally influence them – though, of course, there is much material about the garden as well as the garden itself which would inevitably impinge, I imagine.
Our Wills
So, we’re imagining making our wills so that a group of willing and paid (a little bit) people (The Panel) will select this person after we’re gone. This would apply if we were to die very close in time to one another, and it would apply if I die last.
If Charles dies last who knows what he may wish to do? New wife? Leave it all to a cat’s home? That would be up to him. He might even do the same as we’re thinking here.
We’re not sure that it’s possible to leave property to an unknown person – we will need to discover how to do that. So if anyone knows and can tell us how we’d be delighted to hear. And we will need to find the willing people for The Panel.
What do you think?
But at this point we are wanting to discuss this idea with anyone who has useful or interesting thoughts about it.
What would you do? What will the problems be? What do we need to consider? Who should be on the Panel? How much should we leave to pay them?
And in general:
And, in addition to all this, it seems to me that the questions – what are the very best possibilities for a garden’s future after the creator dies or leaves? when has that worked and when has it failed? (The Newt? Tintinhull? York Gate?) are worth discussing.
Hoping for help.
Anne Wareham
Gifting the Ephemeral – is that not what we all do in reality? The “material” is irrelevant. The recipient’s interpretation is what Anne seems to be bothered about which again is what we are all – secretly or otherwise – guilty of. On a visit to Little Sparta last month I found myself in conversation about a newly planted area of the garden with a lady who turned out to be a Trustee. The “work” had all the hallmarks of the reclusive Ian Hamilton Finlay – a focus but no plan – now that’s ephemeral. Anyway the lady in question advised that the “work” was something Hamilton Finlay had intended to do before his death but added that in any event, discussion which the Trustees had about work in the garden was always difficult for fear of it changing the nature of his vision for it. He may have been reclusive but his “output” always had contemporary relevance so how could the Trustees ever begin to imagine they had an insight into his “contemporary vision”. Bottom line is that the passing of a garden’s creator presents an opportunity for an informed debate about the value of change. Sadly that’s another “bother” we are all – secretly or otherwise – guilty of. Best to consider oneself as a member of a relay team – the job is to pass the baton on as cleanly a possible -simple as that.
Well, I have the baton. But who to pass it to?
You may have done so already, but why not record the garden; its history, layout, plantings, associations and references, all with the next owner(s) in mind?
I think that’s thoroughly done in books, websites and magazine articles. But thanks for the suggestion.
It seems you’ve thought about this a lot – I remember a post (I think) talking about the T. S. Eliot stone, something that’s been there since (almost?) the beginning? When you make the will, put in a codicil that says they have to keep this blog (in some future form) continuing – it’s fun for us to read halfway round the world!
Great idea! I wonder what will happen to all our various websites, longterm.
I suggest that the success of Great Dixter is due less to the legal structure, which is just a way of formalising an arrangement, than to Fergus Garrett. He was there long before Christopher Lloyd died and Christopher Lloyd knew that Fergus Garrett was, as he remains, committed to Great Dixter. The stark choice is either to start now to create an arrangement and organisation that can gradually take over as the two of you can involve yourselves less and less or to leave it to chance that whoever buys the place will want to continue it as you would want it done. Another comparison is what Beth Chatto did at Elmstead Market. By the time she died the place was running itself and whilst she was missed and mourned it was able to continue smoothly without her. This is the dilemma faced by all founders of businesses: the more successful and hands on you are, the less able the organisation is to function without you after you become ill or die or, in the case of political parties, leave office. Bear in mind that not everyone fades out gradually: if you were both involved in a fatal car crash next month, or one of you had a stroke, what would happen? You have to plan.
We have planned, we have a will. We’re contemplating a new one. Apart from that there’s no reason at the moment not to carry on as we are.
Hello, really interesting article, so as a disclaimer I am not a lawyer and have no legal training, however, having said all that, I know of other cases similar to what you have discussed and they have established a legal trust and Charity, placed the House/Garden in the legal structure and continiued from that point I think Great Dixter and LIttle Sparta have gone this route. There is also the National Trust who may be interested?
I think that won’t work for us (complicated but who else has wanted to leave a place to an unknown person?) – and no organisation like the National Trust would want to know. I need for eg to think of Charles if he is left here: he might end up with totally different wishes.
But thanks for much for responding. I know it’s going to be complex.