Bequeathal Instructions

A bequest (or bequeathal) is the act of leaving personal property or assets to someone through a will or trust. Bequests can be specific (a named item to a named person), general (a dollar amount from the estate), or residuary (whatever is left after specific and general bequests are fulfilled). Understanding the type of bequest helps determine the order and method of distribution.

A specific bequest leaves a particular, identifiable item—"my diamond ring to my daughter Sarah" or "my 1965 Mustang to my son James." A general bequest leaves a dollar amount or percentage—"$10,000 to my nephew" or "25% of my estate to charity." Specific bequests are fulfilled first with the actual item. General bequests are paid from the remaining estate assets. If the estate lacks sufficient funds, general bequests may be reduced proportionally (a process called abatement).

When a specifically bequeathed item no longer exists at the time of death (it was sold, lost, or destroyed), the bequest is said to have "adeemed." The beneficiary typically receives nothing in place of that item unless the will contains a substitution clause. For example, if the will leaves "my house at 123 Main St" but the house was sold before death, the beneficiary usually does not receive the sale proceeds unless the will specifically says so. Some states have exceptions for certain circumstances.

Conditional bequests include requirements the beneficiary must meet to receive the gift—for example, "to my granddaughter upon graduating college" or "to my son, provided he is sober at the time of distribution." Courts generally enforce reasonable conditions but may strike down conditions that are illegal, impossible, or violate public policy. The executor should consult with the estate attorney before withholding a bequest based on a condition, as enforcement can be legally complex.