Legal Definitions - specific legacy

A specific legacy is a gift made in a will of a particular, identifiable item of property to a designated person or entity. For a gift to qualify as a specific legacy, the person making the will (known as the testator) must clearly intend to give a precise, unique asset to a precise individual or organization.

This type of gift is distinct from a general legacy, which involves a sum of money or a quantity of items without specifying particular ones (e.g., "I leave $5,000 to my nephew" is a general legacy, as any $5,000 will suffice, not specific bills). The defining characteristic of a specific legacy is that the asset is unique and can be distinguished from all other similar items. If the specific item no longer exists or is no longer owned by the testator at the time of their death, the gift typically fails.

Here are some examples to illustrate a specific legacy:

• Example 1: Tangible Personal Property

  A will states, "I give my antique mahogany writing desk, which belonged to my great-grandmother, to my niece, Clara." This is a specific legacy because the gift is a very particular item (a unique antique desk with a specific history) intended for a specific person (Clara). The testator's clear intention to give that exact, identifiable desk makes it a specific legacy.

• Example 2: Specific Financial Asset

  Consider a will that includes the provision, "My entire savings account held at First National Bank, account number 123456789, shall be transferred to my brother, David." This constitutes a specific legacy because it refers to a distinct, identifiable financial asset (a particular bank account with a specific number) rather than a general sum of money. David is the clearly identified recipient of the funds within that specific account.

• Example 3: Real Estate (Devise)

  A will might state, "I devise my commercial property located at 789 Main Street, City Center, including all fixtures and improvements, to my business partner, Eleanor." While a gift of real estate is often referred to as a "devise," it functions as a specific legacy. The property is uniquely identified by its address and type, and Eleanor is the specific individual designated to receive it. The clarity of the description ensures there is no ambiguity about which property is being given or to whom.