A testamentary gift can be categorized as either general or specific. A general gift is one that can be satisfied from the estate’s general assets, without specifying a particular item. For example, a bequest of a sum of money is generally considered a general gift. In contrast, a specific gift designates a unique item of property intended for a specific beneficiary. Examples include a piece of real estate, a particular painting, or a valuable antique. Items of tangible property distributed through a will are often referred to as bequests of personal property. Distinguishing between these types of gifts is crucial because it impacts how the gift is treated if the specific item is not part of the estate at the time of death (e.g., it was sold, gifted, or destroyed). A general gift is typically still fulfilled from the remaining assets, while a specific gift may fail, a concept known as ademption.
The clear delineation between general and specific gifts is essential for accurate estate administration and for avoiding potential disputes among beneficiaries. Proper categorization ensures the testator’s wishes are honored as closely as possible. Historically, the legal principles surrounding specific and general gifts developed to provide a framework for interpreting wills and distributing assets fairly. These principles remain relevant today as they provide consistency and predictability in the probate process. Understanding these distinctions can also help individuals plan their estates more effectively, allowing them to express their intentions with clarity and precision.
