Bequeath

Definition

Bequeath is a legal term used in estate planning that refers to the act of transferring personal property to a beneficiary through a last will and testament. Personal property can include items such as vehicles, jewelry, artwork, stocks, and other movable assets. The term is distinct from “devise,” which usually refers to the transfer of real property like land or homes.

Examples

Specific Bequest: John decides to bequeath his grandfather’s antique watch to his granddaughter Sarah in his will.
General Bequest: Dina stipulates in her will that 50% of her personal jewelry collection is to be bequeathed to her best friend Emma.
Residuary Bequest: After specific bequests are distributed, the remaining personal property in Martha’s estate is bequeathed to her children.

Frequently Asked Questions

What is the difference between “bequeath” and “devise”?

Bequeath usually refers to personal property, while devise pertains to real property. For instance, you might devise a house and bequeath a car.

Do you need a lawyer to bequeath personal property?

While it’s not legally required to hire a lawyer to create a will, it is highly recommended to ensure all legal protocols are followed and your wishes are clearly documented.

Can you bequeath conditional gifts?

Yes, you can specify conditions under which a gift is to be distributed. For example, you might bequeath money to a beneficiary only if they graduate from college.

What happens if the property I bequeath is no longer available at the time of my death?

If the specific item is no longer available, the bequest typically fails, and the beneficiary does not receive anything as a substitute unless the will specifies otherwise.

Can debts be paid off with bequeathed property?

Debts of the deceased must be paid from the estate, which may include selling off personal property meant to be bequeathed if liquid assets are insufficient.

Devise: The act of leaving real property to a beneficiary through a will.
Estate: The total property, both personal and real, owned by a decedent that is subject to probate.
Beneficiary: An individual or entity designated to receive assets from a will.
Codicil: A legal instrument that allows an individual to make amendments to their existing will.
Executor: The person appointed to administer the estate of a deceased person.

Online Resources

Legal Information Institute (LII) - A repository of legal definitions and articles.
Nolo’s Estate Planning Basics - Comprehensive guide on essential estate planning.
American Bar Association - Provides resources and information regarding estate planning and related legal issues.

References

Dunham, Gary R. Planning Through Your Will and Estate. New York: McGraw-Hill, 2020.
Sisson, Joan M. Wills and Estate Planning – A Comprehensive Guide. Washington D.C.: Legal Hall Press, 2018.
Black, Henry Campbell. Black’s Law Dictionary. St. Paul, MN: West Publishing Co, 2019.

Suggested Books for Further Studies

“Wills and Trusts Kit For Dummies” by Aaron Larson - A user-friendly guide to will and trust concepts.
“Estate Planning For the Blended Family” by L. Paul Hood Jr. - Focuses on estate planning for families with complex dynamics.
“AARP Checklist for My Family: A Guide to My History, Financial Plans, and Final Wishes” by Sally Balch Hurme - Provides practical guidance in organizing and planning personal estate.

Real Estate Basics: Bequeath Fundamentals Quiz

### What does it mean to bequeath property? - [x] To transfer personal property through a will. - [ ] To create a legal trust. - [ ] To sell personal property. - [ ] To lease real property. > **Explanation:** Bequeath involves the act of leaving personal property to beneficiaries via a will. ### Which type of property can be bequeathed? - [ ] Only real estate - [ ] Both real estate and personal property - [x] Personal property - [ ] Only stocks and bonds > **Explanation:** The term "bequeath" pertains specifically to personal property. ### In estate planning, what is the term used for transferring real estate? - [ ] Bequest - [x] Devise - [ ] Residuary gift - [ ] Codicil > **Explanation:** The correct term for transferring real estate in estate planning is "devise." ### Does a bequest have to be of tangible assets only? - [ ] Yes, only tangible assets can be bequeathed. - [x] No, intangible assets can also be bequeathed. - [ ] Only cash can be bequeathed. - [ ] Only real property can be bequeathed. > **Explanation:** Both tangible (e.g., jewelry) and intangible (e.g., stocks) assets can be bequeathed. ### Who can change a bequest in a will? - [ ] No one, once written. - [ ] Only a court of law. - [x] The testator (the person who made the will). - [ ] The executor of the will. > **Explanation:** The testator, or the person who created the will, retains the right to alter the bequest. ### What document is used to make formal changes to an existing will? - [x] A codicil. - [ ] An affidavit. - [ ] A deed. - [ ] A power of attorney. > **Explanation:** A codicil is a legal instrument used to make amendments to a will. ### Is bequeathing personal and real property governed by the same laws? - [ ] Yes, they are under identical regulations. - [x] No, they are typically governed by different sets of legal guidelines. - [ ] Neither are regulated by law. - [ ] Such distinctions are not legally recognized. > **Explanation:** Laws for bequeathing personal and real property can differ, affecting how wills should be composed. ### Can someone under the age of 18 bequeath property? - [ ] Yes, age does not matter. - [ ] Only if they have a witness. - [ ] No, as long as the assets are not high value. - [x] No, usually legal adults or emancipated minors with legal competence can create a will. > **Explanation:** Typically, you must be of legal adult age (or an emancipated minor) to be able to bequeath property in a will. ### To ensure they follow my will, who should I appoint? - [x] An executor. - [ ] A lawyer. - [ ] A stockbroker. - [ ] A tax advisor. > **Explanation:** You appoint an executor to administer your estate and ensure your will is followed according to your wishes. ### What is required for a will containing bequests to be valid? - [ ] A verbal agreement. - [ ] A note in the beneficiary's diary. - [x] Legal witnesses and the testator's signature. - [ ] A financial advisor’s authorization. > **Explanation:** For a will with bequests to be legally valid, it typically requires the testator's signature and witness attestations.

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