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Testamentary Gifts Traditionally, a gift of real property in a will is known as a devise. Traditionally, a gift of money in a will is known as a legacy. Traditionally, a gift of personal property other than money in a will is known as a bequest. Today, any gift of personal property may be known as bequest or legacy.
A bequest is a gift from your estatea transfer of cash, securities, or other propertymade through your estate plans.
Legal Definition of bequeath : to give by will used especially of personal property but sometimes of real property see also legacy, legatee compare devise.
To dispose of Personal Property owned by a decedent at the time of death as a gift under the provisions of the decedent's will. The term bequeath applies only to personal property. A testator, to give real property to someone in a testamentary provision, devises it.
In law, we confer on individuals the right to affect what happens once they are dead, and in particular the right to bequeath their property. Moreover, many would argue that such a legal right is grounded in a moral right.
Legacy, also called Bequest, in law, generally a gift of property by will or testament. The term is used to denote the disposition of either personal or real property in the event of death.
What is the difference between these two phrases? Traditionally, a devise referred to a gift by will of real property. The beneficiary of a devise is called a devisee. In contrast, a bequest referred to a gift by will of personal property or any other property that is not real property.
General Bequests For example, you might say something along the lines of I hereby leave $300,000 to my nephew Aaron, rather than I hereby bequeath my primary residence at 4566 Maple Street in New Hampshire, CT to my nephew Aaron. The bequest is paid using the general pool of assets in the estate.
A gift of PERSONAL PROPERTY, such as money, stock, bonds, or jewelry, owned by a decedent at the time of death which is directed by the provisions of the decedent's will; a legacy. A bequest is not the same as a devise (a testamentary gift of real property) although the terms are often used interchangeably.
Probate assets include sole-ownership property, tenants-in-common property, or any other asset owned jointly without right of survivorship.