An Estate Planner's Guide to Specific Testamentary Gifts

Abstract

Clients are excited to make specific gifts in their wills. For some, the goal is to pass treasured family heirlooms and other property with significant emotional attachment to the appropriate family members. Others seek instead to transfer assets of value to family members, friends, and charities so the recipients may keep or, more likely, sell the property to gain funds they desire for their needs.

This article discusses the variety of issues that arise with specific gifts with the aim of making it easier for an estate planner to structure them to effectuate their clients’ intentions.

Keywords: wills, bequests, testamentary gifts, estate planning, devises, collections, ademption, exoneration, lapse, tangible personal property document, financial power of attorney

JEL Classification: K11