Specific bequests in Wills By Kenneth Vercammen Edison NJ 08817

Specific bequests in Wills A Specific Bequest or devise is a testamentary gift of a specific item of property (e.g., a diamond engagement ring, Joe DiMaggio autographed baseball) that can be easily identified and distinguished from all other property in the testator’s estate. If the testator desires to bequeath items of significant value, a specific bequest should be included in the Will; side letters are not appropriate if the client wants to make a specific bequest of a valuable item. Not recommended. to use a separate writing in the absence of state law authorization because it opens the Executor up to a breach of fiduciary duty claim since the Executor would be acting in conflict with state law if he distributes the property in accordance with the separate writing. -Specific Bequests go in first paragraph before Disposition of Residuary, or Disposition to Children. I give and bequeath __________ to ____ [name of person} In the event this beneficiary shall predecease me, then this bequest ______. You can also disinherit a child or grandchild. Your attorney should add a specific clause to the Will. Sometimes they indicate “I make no bequest to _____ and their children and heirs. If someone is being left out you must be specific.