A specific bequest is a type of gift made through a will, where a testator designates a particular item to a specific person. This means that the item is clearly identified and set apart from other similar items in the testator's estate. If the item no longer exists at the time of the testator's death, the specific bequest is considered to have "adeemed," meaning it cannot be fulfilled.
Specific bequests are commonly used in estate planning and probate law. They allow individuals to pass on specific items, such as jewelry, artwork, or property, to chosen beneficiaries. Understanding specific bequests is crucial for drafting wills and managing estates, as they can impact how an estate is administered. Users can utilize legal templates from US Legal Forms to create wills that include specific bequests.
Here are a couple of examples of abatement:
(Hypothetical example) If a testator bequeaths a specific painting to a friend, and that painting is sold before the testator's death, the bequest is adeemed, and the friend will not receive anything. Conversely, if the testator bequeaths a specific car to a family member and that car is still owned at the time of death, the family member will receive the car as specified.
Examples of state differences (not exhaustive):
| State | Specific Bequest Rules |
|---|---|
| California | Specific bequests are honored unless the item is no longer in the estate. |
| Texas | Specific bequests may be subject to ademption if the item is sold or disposed of. |
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
| Term | Definition | Key Difference |
|---|---|---|
| General Bequest | A gift of a certain amount of money or a general category of items. | Specific bequests refer to particular items, while general bequests do not. |
| Ademption | The failure of a specific bequest because the item is no longer available. | Ademption applies only to specific bequests, not general ones. |
If you are creating a will and wish to include specific bequests, clearly identify each item and the recipient in your document. Consider using templates from US Legal Forms to streamline the process. If your situation is complex, consulting with a legal professional for personalized advice is recommended.
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If the item is no longer part of the estate, the bequest is considered adeemed and cannot be fulfilled.