bequeathal

Bequeathal is the act of disposing of property through a will to another person after the death of the testator. It commonly involves personal property such as money, valuables, or memorabilia; real property is more often described as being devised, though the terms may be used interchangeably in everyday language. The recipient is typically called a beneficiary or legatee, while the person who receives through real property is referred to as a devisee in many jurisdictions.

In most legal systems, bequeathal is governed by testamentary dispositions that must meet certain formal requirements to be valid. A will must reflect the testator’s voluntary intent, be made while of sound mind, and be properly executed with appropriate signatures and witnesses. Bequests are typically carried out during probate, overseen by an executor who is responsible for collecting the estate, paying debts and taxes, and distributing assets according to the will.

Bequests can take several forms. A specific bequest designates a particular item or property (for example, a piece of jewelry). A general bequest provides a specified sum of money or value. A demonstrative bequest is a monetary amount funded from a particular source, while a residuary bequest distributes the remainder of the estate after other bequests have been satisfied. Bequests can also be contingent, arising only if a specified condition is met.

Bequeathal can be challenged on grounds such as lack of testamentary capacity, undue influence, or fraud. Anti-lapse provisions and other rules may preserve or modify bequests if a beneficiary dies before the testator. Tax considerations and jurisdictional differences influence the practical effect of bequeathals.