A Specific Bequest is a type of testamentary gift made in a will that designates a particular item or asset to be distributed to a specific beneficiary upon the testator’s death. This differs from a general bequest, which may involve a monetary amount or a portion of the estate that is not tied to a specific item.
Specific bequests can include tangible personal property such as jewelry, real estate, vehicles, or artwork. For instance, a will may state, “I bequeath my vintage car to my nephew, John.” This clearly identifies both the item and the beneficiary, ensuring that John receives this specific asset.
In the context of estate planning, specific bequests are important because they allow the testator to express their wishes clearly regarding the distribution of particular items. They also help to eliminate ambiguity and reduce the potential for disputes among beneficiaries. If the specific item is no longer in the estate at the time of the testator’s death, the bequest may be considered adeemed, meaning the gift is revoked unless stated otherwise in the will.
In Texas, the law regarding specific bequests aligns with general practices, but it’s crucial for testators to ensure that their estate plan is well-documented and reflective of their intentions to avoid complications during the probate process.
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