Bequeath: A Comprehensive Guide to Its Legal Meaning and Use

Definition & Meaning

Bequeath refers to the act of giving personal property through a will. This legal term indicates the transfer of assets, such as money, jewelry, or other belongings, to designated individuals after a person's death. It is important to distinguish bequeathing personal property from devising, which specifically pertains to real estate or land.

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Real-world examples

Here are a couple of examples of abatement:

Example 1: A person includes in their will that they wish to bequeath their collection of vintage watches to their niece. This means that upon their passing, the niece will receive the watches as specified.

Example 2: A testator bequeaths $10,000 to a close friend as part of their estate plan. This ensures that the friend receives the specified amount after the testator's death.

State-by-state differences

State Bequeath Requirements
California Must be in writing and signed by the testator.
New York Requires at least two witnesses to validate the will.
Texas Can be made verbally if witnessed, but written is preferred.

This is not a complete list. State laws vary, and users should consult local rules for specific guidance.

Comparison with related terms

Term Definition
Bequeath To give personal property through a will.
Devise To give real property (land or buildings) through a will.
Gift A voluntary transfer of property during a person's lifetime.

What to do if this term applies to you

If you are considering bequeathing assets, it is essential to create a clear and legally valid will. You can use legal templates from US Legal Forms to help draft your will. If your situation is complex or involves significant assets, consulting with a legal professional is advisable to ensure your wishes are accurately reflected and legally enforceable.

Quick facts

  • Bequeath refers specifically to personal property.
  • A will must be properly executed to be valid.
  • Beneficiaries should be clearly identified to avoid disputes.
  • State laws may vary regarding the requirements for a valid will.

Key takeaways