A bequest is a gift you leave in your will to a person, group, or charity. It can be money, personal property, or real estate. This guide explains the types of bequests, how to write one, how to leave a bequest to charity, and the tax rules to know.
Key takeaways
- A bequest is a gift of money or property that you leave to a person, group, or charity in your will.
- The main types are specific, general (cash gifts), demonstrative, and residuary.
- Clear wording, a backup recipient, and regular updates help prevent disputes.
- A bequest to a qualifying charity may lower estate taxes if your estate is large enough to owe them.
What is a bequest?
A bequest means a gift made through a will. In legal terms, it's how you pass property to someone after your death.
When someone says “I bequeath this to you,” they are referring to a gift left in a will. The gift could be money, jewelry, real estate, a family heirloom, or anything else.
Traditionally, a bequest is a gift of personal property, such as cash, furniture, or stocks, whereas a devise is a gift of real estate. Many states now use “devise” for both.
Why bequests matter in estate planning
Bequests do more than pass on money. They reflect your values and the legacy you want to leave.
A bequest in your will can help you:
- Support your family members with clear instructions
- Give back to causes through charitable bequests
- Pass on real estate, money, or heirlooms to the right people
- Reduce the chance of conflict after you're gone
- Plan for potential tax benefits
What are the types of bequests?
A bequest can take several forms, so you can control how your assets are distributed. These are the most common types.
Any type of bequest can go to a charity. For example, “I give $15,000 to the Humane Society in memory of my father” is a general bequest made to a charity.
Note: Real estate may require different legal handling depending on your state. Be sure to describe it clearly and review your state's rules.
How do bequests work in a will?
Bequests work by giving your executor instructions on who should receive your money or property after your death. Once your will is accepted through probate (the legal process of settling an estate), the executor identifies your assets, pays outstanding debts and expenses, and distributes the remaining property according to your will and state law.
You can leave specific items, amounts of money, or portions of your estate to family members, friends, or charities. But what happens to property you haven't mentioned?
That's where a residuary clause comes in. It covers any property not distributed through other bequests. If your will doesn't include one, your state's intestate succession laws (default inheritance rules) determine who receives that property. As a result, some assets could go to relatives you didn't intend to include.
How to write a bequest in a will
A bequest needs clear language, a validly signed will, and a plan that fits the rest of your estate. Follow these steps.
Step 1: List your assets
Start with a full inventory of your cash, property, bank accounts, insurance, and investments. Identify which assets pass through your will and which transfer another way, such as joint ownership or beneficiary designations.
Step 2: Decide who gets what
For each person or cause, choose whether you want to:
- Give an exact amount (general bequest)
- Transfer a specific item (specific bequest)
- Leave whatever remains (residuary bequest)
You can name individuals, charities, or nonprofits. Your will can also direct a gift into a trust, such as an existing revocable living trust. A trust can manage distributions over time for minors or beneficiaries who need help managing money.
Step 3: Write clear instructions
Name the beneficiary and describe the gift clearly, including the person, the item or amount, and any conditions. Clear wording helps your wishes be understood and carried out.
For a charity, use its full legal name and include its employer identification number (EIN) if you have it. State the purpose of the gift and confirm the organization is eligible for tax-deductible gifts, if that matters to you.
Tip: Sample bequest language for charities is often on their websites or available through your estate planner.
Step 4: Work with an estate planner or attorney
Estate laws vary by state. A professional can help you meet state requirements, clarify your instructions, and align your bequests with your estate plan.
Step 5: Update as your wishes evolve
Your relationships, assets, and priorities may change. Update your bequests whenever needed, especially after marriage, divorce, births, or deaths.
Common mistakes to avoid when making a bequest
- Not naming a backup recipient. If the primary beneficiary dies first, your gift could lapse. Name an alternate.
- Missing assets or vague terms. “Everything in my account” isn't specific enough. Name the account, such as “my savings account at First National Bank.”
- Failing to update your will. Outdated wills cause confusion. Review yours regularly, especially after major life events.
- Overlooking other documents. Property passes through more than your will. Consider how life insurance, joint accounts, and trusts interact with your bequests.
What is a charitable bequest, and how can you make one?
A charitable bequest is a gift to a charity that you leave in your will. It can support a cause you care about, and it may reduce your taxable estate if your estate is large enough to owe estate tax. That can leave more for your loved ones and your chosen cause.
Charitable bequests come in several forms:
- A specific dollar amount (for example, “$10,000 to the ASPCA”)
- A percentage of your estate
- A particular asset, such as stocks, artwork, or property
- The residue of your estate (everything left after other gifts and expenses)
Nonprofits rely on these gifts to fund long-term programs. For donors, it's a way to keep making an impact after their lifetime.
How to give to charity through a will
- Leave a direct bequest. Name a charity in your will and assign a specific gift. For example: “I give $5,000 to Habitat for Humanity International.”
- Leave a percentage of your estate. A percentage can work well if your estate may change in size over time. For example: “I give 15% of my residuary estate to The Nature Conservancy.”
- Gift an asset or property. You can leave real estate, shares, art, or collectibles, as long as the organization can accept them.
- Name a donor-advised fund. You can name a donor-advised fund (DAF) as a beneficiary. A DAF is a charitable account held by a sponsoring organization. Ask the sponsor for its exact name and any wording it requires.
How does a bequest relate to other estate planning terms?
People often use bequest, devise, inheritance, gift, and legacy as if they mean the same thing, but each has its own meaning.
Tip: If your will says, “I request my piano go to Sarah,” a court may still understand your wish. Words like “I give” or “I bequeath” are clearer: “I bequeath my piano to Sarah.”
What are the tax and legal considerations for bequests?
Bequests are generally not taxable income for the people who receive them. If you receive money or property through a will, you typically don't owe federal income tax on it. Other taxes can still apply.
Estate taxes
The federal estate tax applies only to very large estates. For 2026, the first $15 million of an estate is exempt per person. If an estate is larger, it generally pays the federal estate tax before assets are distributed. The recipients of bequests don't pay it themselves.
State laws
Some states charge their own estate tax, inheritance tax, or both, even when no federal estate tax applies. An estate tax is charged on the estate itself. An inheritance tax is charged on the person who receives the property, and it often depends on how they're related to the person who died.
As of 2026:
- Twelve states and the District of Columbia have an estate tax. Connecticut, Hawaii, Illinois, Maine, Maryland, Massachusetts, Minnesota, New York, Oregon, Rhode Island, Vermont, Washington, and the District of Columbia.
- Five states have an inheritance tax. Kentucky, Maryland, Nebraska, New Jersey, and Pennsylvania.
Maryland is the only state with both. These rules, exemptions, and rates change, so check your state's current rules with a tax advisor or estate planning attorney.
Charitable bequest tax deduction
When you leave money, assets, or real estate to a qualifying charity, that part of your estate is generally deductible from the estate's taxable value. If your estate is large enough to owe estate tax, this can lower or even eliminate it. Estates claim the deduction on Schedule O of Form 706.
To qualify, the charity must be a 501(c)(3) nonprofit. For a large bequest, or if you name a charity as a residuary beneficiary, work with a professional to structure the gift correctly.
What estate and property details affect bequests?
Not all assets pass through a will the same way. When planning your estate, the type of property you own and how it's titled affect how your bequests work.
Real estate and property bequests
If you leave your home or other real estate to someone, make sure the language in your will is clear. Real estate bequests often need careful handling during probate (the court process that settles an estate) and may need a separate legal description to avoid delays. If there's a mortgage, the beneficiary may have to keep making payments, depending on state law and what your will says.
A revocable living trust can transfer real estate outside probate. That can save time and keep the transfer private.
Cash, funds, and account bequests
Leaving cash or a particular bank account may seem simple, but the source of the funds matters. A specific bequest of funds should name the account and the amount. If the account no longer exists when you die, the gift may fail (lawyers call this ademption). A demonstrative bequest can help, because it allows payment from other estate assets if the named source falls short. You can also name a fallback in your will.
Life insurance and retirement accounts
Life insurance and retirement accounts generally pass outside the will when a valid beneficiary is named. They go directly to the beneficiary named on the policy or account, and your will doesn't override that choice. To change the recipient, update the beneficiary form with the insurance company or plan provider. To leave these assets to a charity, name the charity on the form.
Bequest management and trust planning
Some people use a trust to manage how and when beneficiaries get money or property, especially for minors, family members with special needs, or large gifts. A trust can hold assets for the long term and make distributions over time or when conditions are met. It can also offer more control, flexibility, and privacy, especially for complex assets or gifts to future generations.
Who carries out your bequests?
Your executor (the person you name to carry out your will) or trustee carries out your bequests. This person identifies assets, pays debts and taxes, and distributes the estate according to your will. A professional can help if your estate involves more than one state.
How LegalZoom can help
Planning for the future is one of the most important things you can do for yourself and your loved ones. LegalZoom's Will & Trust services make it easy to create estate planning documents online. We provide the guidance and tools you need to protect your assets and ensure your wishes are honored.
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- Simple, guided process. Our user-friendly online platform guides you through each step with clear instructions and helpful resources, so you can create your plan with ease.
- Comprehensive solutions. From wills and trusts to powers of attorney and healthcare directives, we offer a range of estate planning documents and services to meet your specific needs.
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Bequest FAQs
How do I update or revoke a bequest in my will?
Your will should change as your life does. If your relationships, assets, or charitable goals change, you can update or remove a bequest at any time, as long as you're legally competent.
You can:
- Add a codicil (an amendment) to your current will
- Create a new will that revokes the old one
What if someone contests a bequest in my will?
Disputes over bequests can arise if a family member or beneficiary believes:
- The will was signed under pressure
- The testator (the person who made the will) lacked mental capacity
- The will's language is unclear or ambiguous
A court handles these disputes during probate. It may step in to interpret or validate the will. To lower the risk of disputes:
- Use clear and specific wording in your estate documents
- Get your will signed and witnessed according to your state's law
- Consider consulting an estate planning attorney for complex bequests or family dynamics
Can a surviving spouse override a bequest?
In some states, a surviving spouse is entitled to a portion of the estate no matter what the will says. This is often called an elective share. If your bequests conflict with your spouse's legal rights, the court may adjust distributions during probate. An estate planning attorney can explain your state's rules.
Can I leave a bequest through a donor-advised fund?
Yes. You can name your DAF's sponsoring organization as the beneficiary in your will. You or your advisors can then recommend grants to charities over time. This can work well if you want flexibility without setting up a private foundation.
What is a bequest donation?
A bequest donation is a gift to a charity that you leave in your will. It's another way to describe a charitable bequest.
What do you call someone who donates to charity through a will?
Charities often call these donors legacy donors or bequest donors. A gift in a will is a legacy gift or bequest. Planned giving is a broader term. It also includes some gifts made during a donor’s lifetime, so not every planned giving donor leaves a gift in a will.
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