Gifts in a Will

 
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In a will, gifts are called bequests.

Such gifts include:

  • Specific bequests
    A gift of a specific item or part of an estate is appropriate for heirlooms; to avoid fighting; or for sentiment or control. The description must be very detailed to avoid problems. These gifts are typically administered first during probate.

  • Demonstrative gift
    A sum paid from another asset: “I give Archie $100 from the sale of my 2018 Tesla.”

  • General bequest
    A gift payable out of the assets of the estate generally and does not require delivery of any specific item to the beneficiary.

  • Conditional bequests
    A gift that takes effect, or continues in effect, according to a future event: “to Jim for his college tuition provided he is accepted at State University before his 23rd birthday.”

  • Residuary bequests
    The property and assets remaining after debts, administrative expenses, and specific and general gifts are paid. Normally, this is the bulk of a person’s estate.

  • Encumbered bequests
    A gift where the beneficiary accepts the property subject to any liens or encumbrances.

 
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