bequest

A bequest is a provision in a person’s will by which property is given to a beneficiary after the death of the testator. The term arises from the act of bequeathing; bequests generally involve personal property. When real estate is involved, the related term is typically devise, and the recipient is called a legatee or beneficiary.

Bequests are commonly categorized by form. A specific bequest awards a named item or a defined amount to a person. A general bequest provides a sum payable from the estate as a whole. A demonstrative bequest designates a source for payment (for example, money to be paid from a particular account). A residuary bequest disposes of the remainder of the estate after all other bequests have been satisfied. Bequests can also be contingent, taking effect only if certain conditions are met, or made to charitable organizations.

To be effective, a bequest must be stated in a valid will or testamentary instrument and comply with the formal requirements of the applicable jurisdiction, including testamentary capacity, clear intent to dispose of property, proper execution, and, in many places, witnesses. Bequests typically pass through probate, though some assets may transfer outside probate through trusts, jointly owned property, or payable-on-death arrangements. A bequest can be revoked or amended before death by updating the will or adding a codicil.

Tax and planning considerations may affect bequests. Estate or inheritance taxes, rates, and deductions vary by jurisdiction. Charitable bequests can offer potential tax advantages, and careful planning helps align distributions with the testator’s goals, family needs, and organizational support.