A commonly asked question in estate planning is, “can I give a specific object to a particular
person in my Will?” The answer is, absolutely you can! Whether it be an heirloom necklace to your daughter, a cherished violin to your cousin, or a special painting to your best friend, tangible personal property can be explicitly given to your loved ones upon passing, and the correct language in your Will can make it happen.
In a Will, directing certain property to a certain person is called a “specific bequest.” Specific bequests are written in addition to the other language bequeathing the rest of your property, which is typically covered by any residuary clauses in your Will. While specific bequests can be monetary gifts, they can and often do include items of tangible personal property.
With the appropriate language, you can give your necklace, violin, blanket, book, plant, or painting to its intended recipient, while the rest of your property is given to other beneficiaries in accordance with your estate planning documents. For each item of tangible personal property you wish to give specifically, your Will can include a specific bequest provision that lists both the item you wish to give and the recipient of the item.
But what if you have not yet decided who should get what? Or what if you get something new after signing your Will that you wish to give to someone special when you pass? Luckily, your Will can be drafted to include an additional memorandum that provides for the distribution of items of your personal property. In this additional memorandum, you are able to handwrite sentences bequeathing items of tangible personal property to specific people. This memorandum does not need to be completed before the Will signing ceremony and can be completed at home on your own time. When finished, sign it and store it with the rest of your estate planning documents, and the additional items you add in the memorandum can be bequeathed without upsetting other provisions of your Will.
One caveat- while personal property memorandums are helpful tools, they will not be as secure as a distribution given within the Will itself. This is because personal property memorandums typically do not meet the execution requirements of a Will, unless treated as a codicil (i.e. amendment) to your plan. If you question whether or not your Executor and loved ones will respect your wishes or will fight over gifts made in a personal property memorandum, it might be better to include each specific bequest in the actual Will.
Bequeathing items of tangible personal property to specific recipients is one small part of estate planning. At Heights Law Group, our team can draft your estate planning documents to protect your assets, secure your family’s future, and thoughtfully bequeath certain items to specific loved ones. Schedule a consultation with The Heights Law Group by calling us at (832) 810-3373 or visiting https://heightslawgroup.com/contact-us. We are an estate planning and probate law group located in Houston, TX.
