Definition
A domestic-relations or estates concept defining authority, duties, or distribution rules for managing personal status or assets. It governs fiduciary administration, dissolution outcomes, parenting arrangements, support obligations, or succession outcomes under applicable rules. It does not expand authority beyond granted powers and does not validate actions taken without required capacity or procedural prerequisites. It determines control and allocation of rights and assets and often controls remedies for mismanagement or improper transfer. The concept is generally stable, though statutory modernization and procedural reforms may refine requirements over time.
Principle
Principle
A bequest takes effect by operation of the will upon the testator’s death and is subject to testamentary capacity, formal validity, and any prior encumbrances; it may be specific, general, demonstrative, or residuary depending on the words used.
Demonstration
Demonstration
A will states: “I bequeath my watch to B.” That identified transfer of the watch to B is a bequest; the executor must deliver the watch to B after estate administration if the asset remains part of the estate.
Misapplication
Misapplication
Treating inter vivos gifts, beneficiary designations (insurance, retirement accounts), or payments made under contract as bequests simply because they benefit someone after death.
Consequence
Consequence
Recognition of a bequest allows the executor to carry out the testator’s intent, triggers valuation and tax treatment appropriate to the type of bequest, and establishes priority among competing claims to the same asset.
Reversal
Reversal
The reverse is a devise of real property (traditionally distinguished from a bequest/legacy) or a statutory intestate distribution in which no testamentary bequest exists, so beneficiaries acquire by law rather than by gift.
Boundary
Boundary
Bequests exclude non-testamentary transfers and gifts causa mortis that may operate outside probate; they also exclude conditional promises not executed by proper testamentary form or by valid testamentary intent.
Semantic Tension
Semantic Tension
A bequest may be conflated with devise, legacy, or general contractual gifts; doctrinal distinctions about movable versus immovable property and types of legacies can create interpretive tension in applying terms to modern asset categories.
Synthesis
Synthesis
A bequest is a will-based allocation of specified estate assets to a beneficiary, classified by form and treated according to testamentary formalities, estate administration rules, and applicable tax and creditor priorities.