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3 Common Pitfalls When Making Specific Bequests

Are you sure that your specific gifts will be carried out just how you want, or could there be some hidden traps in your will that could confuse your family and friends?

When making specific bequests in a will, there are common pitfalls that can lead to confusion, disputes, and unintended consequences. This article highlights 3 common issues to avoid when making specific bequests in your will.

     1. Lack of Specificity

Clarity is key when leaving specific gifts. Simply stating, “I leave my jewelry to my daughter,” might lead to confusion. What if you own several pieces of jewelry, or if you have more than one daughter? This vague language can cause disagreements among your heirs. To prevent this, provide detailed descriptions of the items and specify who should receive them. For example, instead of a general statement, say, “I leave my diamond engagement ring with the inscription ‘Forever’ to my daughter, Emily.” This level of detail helps ensure that your wishes are followed exactly as you intended.

     2. Outdated Information

Life is full of changes—marriages, divorces, births, and deaths can all affect your family dynamics and impact your will. You could unintentionally leave assets to an ex-spouse, someone who has passed away, or even overlook including new family members. For instance, you might have previously designated a piece of furniture to a friend who has since passed away, or overlooked a new stepchild who should be considered in your will. To avoid these issues, review and update your will regularly to ensure it aligns with your current relationships and intentions, especially after significant life events.

     3. Overlapping Bequests

Another common issue is assigning the same item to more than one person. For example, you might name two daughters to receive the same piece of jewelry, hoping they’ll sort it out among themselves. This can lead to arguments and potential legal disputes. To avoid this problem, ensure that each item in your will is designated to only one person. If you want something shared, consider leaving it to one person with instructions to share or sell and divide the proceeds. For example, you could give a valuable piece of art to one person and ask them to sell it and share the money with the people you want to benefit.

By being mindful of these common pitfalls—lack of specificity, outdated information, and overlapping bequests—you can help ensure that your specific bequests are carried out smoothly and in line with your true intentions.

Taking the time to address these issues now can save your loved ones from unnecessary stress and ensure your legacy is preserved just as you envisioned. If you want to avoid these common pitfalls and secure your legacy, consider scheduling a complimentary 15-minute call with a member of our team. We’re here to provide you with our expert guidance.

Information in this article is provided for educational purposes only and not intended to constitute legal advice. Please consult with a licensed attorney in your jurisdiction for help with your specific situation.

For assistance with Maryland and D.C. Estate Planning and Probate/Estate Administration matters, contact the Law Offices of Elsa W. Smith, LLC at 410-995-7719