Bequest

A bequest is property given by will. Historically, bequest was used for personal property given by will and devise for real property. Today, the two words are used interchangeably.

The word bequeath is a verb form for the act of making a bequest.

Etymology

Bequest come from Old English becwethan, "to declare or express in words" — cf. "quoth".

Interpreting bequests

Part of the process of probate involves interpreting the instructions in a will. Some wordings that define the scope of a bequest have specific interpretations. "All the estate I own" would involve all of the decedent's possessions at the moment of death.

A conditional bequest is a bequest that will be granted only if a particular event has occurred by the time of its operation. For example, a testator might write in the will that "Mary will receive the house held in trust if she is married" or "if she has children," etc.

An executory bequest is a bequest that will be granted only if a particular event occurs in the future. For example, a testator might write in the will that "Mary will receive the house held in trust set when she marries" or "when she has children".