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Legal Definitions - Specific bequest

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Definition of Specific bequest

A specific bequest refers to a gift made in a will where both the item of property being given and the person or entity receiving it are precisely and unmistakably identified. The key characteristic is that the description of the asset is so clear that there can be no confusion about what is intended, and the beneficiary is named with equal clarity, leaving no room for ambiguity.

Here are some examples illustrating a specific bequest:

  • Example 1: Real Estate

    A will states, "I give my vacation condominium located at 1400 Ocean View Drive, Unit 3B, Seaside, Florida, along with all its contents, to my sister, Eleanor Vance."

    This is a specific bequest because the property (a particular condominium at a precise address, including its contents) and the recipient (Eleanor Vance) are both described with absolute certainty. There is no question about which property is being given or who is to receive it.

  • Example 2: Unique Personal Property

    A will includes the provision, "My collection of vintage comic books, specifically the complete run of 'The Amazing Adventures of Captain Comet' from 1950-1965, shall be given to my grandson, Marcus Thorne."

    Here, the specific items (a defined collection of comic books) are clearly identified, and the recipient (Marcus Thorne) is unambiguously named. This prevents any dispute over which comic books are intended or which grandchild should receive them.

  • Example 3: Financial Asset

    A will specifies, "I bequeath all shares of Acme Corporation stock that I own at the time of my death, represented by certificate number ACME-789012, to the 'Local Animal Shelter' charity."

    This demonstrates a specific bequest of a financial asset. The exact shares (identified by company and certificate number) and the precise recipient (a named charity) are clearly stated, leaving no room for uncertainty about which financial assets are to be transferred or to whom.

Simple Definition

A specific bequest is a gift in a will of a distinct, identifiable piece of property to a named individual. This clarity ensures both the asset and the recipient are unmistakable, preventing ambiguity during the probate process.

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