Specific Gift / Specific Legacy
A gift of a particular item in a will, such as "my diamond ring" or "my car". Distinguished from cash gifts or shares of the estate.
A specific gift (or specific legacy) is a gift of a particular, identifiable item in a will. The beneficiary receives that exact item.
Examples of Specific Gifts
- "My wedding ring to my daughter"
- "My 1965 Ford Mustang to my nephew"
- "123 Main Street to my son"
- "My collection of first edition books to the local library"
What Happens If the Item No Longer Exists?
This is called ademption. If you sell the car or the ring before you die, the gift fails. The beneficiary gets nothing in its place (unless the will says otherwise).
Order of Payment
In England and Wales, specific gifts have priority:
- Specific gifts are distributed first
- Then general/pecuniary gifts
- Then the residuary estate
- Debts come from the residue unless the will says otherwise
Common questions
What if I sell the item before I die?
The gift fails (adeems). The beneficiary gets nothing unless your will provides an alternative or cash equivalent.
Can I leave my house as a specific gift?
Yes, but consider if the mortgage will be paid off. You can specify it passes free of mortgage or subject to it.
Is jewellery a specific gift?
Yes, identified jewellery is a specific gift. "My jewellery collection" could be specific, while "some jewellery" would be general.
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