Specific Gifts in Your Will
Understanding how to allocate specific named assets to particular people or charities in your will.
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What Are Specific Gifts?
A specific gift (also called a specific bequest or specific legacy) is a gift of a particular, identifiable asset to a named beneficiary. Unlike the residuary estate (which covers everything left over after debts, taxes, and specific gifts), a specific gift targets one individual item.
Examples of Specific Gifts
- A named property: “My house at 12 Oak Lane to my daughter”
- A particular vehicle: “My 2022 Range Rover to my son”
- A specific investment: “My shares in Acme Ltd to my brother”
- A bank account: “My savings account at Barclays (ending 4521) to my niece”
Specific vs residuary
Specific gifts are distributed before the residuary estate. This means the named asset goes directly to the chosen beneficiary, and only what remains after all specific gifts, debts, and expenses forms the residuary estate.
Adding Named Assets (Step 5)
Before you can make specific gifts in Step 5.1, you need to add assets with names in Step 5 (Your Assets). Only assets that have been given a specific name will appear in the allocation list.
How to Add Named Assets
- Go to Step 5: navigate to the “Your Assets” step in the will generation flow
- Select “Named” detail level: this enables you to give each asset a specific, identifiable name
- Add each asset with a clear name: use descriptions that uniquely identify the asset (e.g. “Family home at 12 Oak Lane” rather than just “House”)
Clear naming matters
The more clearly you identify an asset, the easier it is for your executors to carry out your wishes. Include addresses for properties, registration details for vehicles, or account references for financial assets where possible.
Allocating Assets to Beneficiaries
Once you have named assets from Step 5, you can allocate each one to a specific beneficiary in Step 5.1. Each asset can be allocated to one beneficiary.
The Allocation Process
- Select “Yes” when asked if you want to make specific asset gifts
- Click “Allocate” on any asset card to open the allocation form
- Choose a beneficiary: select from your existing beneficiaries or add a new one
- Add conditions (optional): answer “Yes” when asked whether you want to add conditions, then set a “Minimum age to receive” (18, 21, 25 or 30) or record a “Purpose or instructions” note. A purpose note records your wishes; it is not a legally binding instruction
- Save the allocation: click “Save”, or “Update” when you are changing an allocation you made earlier
Batch Allocation and Sorting
If you have many assets, you can speed up the process using multi-select and sort controls:
- Select multiple assets: click “Select” to enter selection mode, tick the assets you want, then click “Allocate selected” to assign them all to the same beneficiary in one step
- Select all: use the “Select all” checkbox to quickly select every unallocated asset
- Sort your assets: use the “Sort by” dropdown to order assets by name, value, type, or allocation status
Editing and removing
You can edit or remove an allocation at any time before finalising your will. Use the edit icon to change the beneficiary or conditions, or the delete icon to remove the allocation entirely.
Important Considerations
Ademption: When an Asset No Longer Exists
If a specifically gifted asset no longer exists at the time of death (for example, you sold the property or closed the bank account), the gift will typically fail. This is known as “ademption”. The beneficiary would receive nothing in place of that gift unless alternative provisions are made.
Lapse: When a Beneficiary Predeceases
If the beneficiary of a specific gift dies before you (known as “lapse”), the gift generally falls back into the residuary estate. Some jurisdictions have anti-lapse statutes that may redirect the gift to the beneficiary's descendants.
The will builder does not ask you to name a substitute for a specific gift: each named asset goes to one beneficiary, and the gift lapses if they do not survive you. The “if they die before me” question, with the option to pass a share to descendants or to an alternative beneficiary, is asked for your residuary beneficiaries instead. If you want a substitute for a particular item, raise it with the professional reviewing your will.
When to Raise a Gift With Your Reviewer
- Complex ownership: jointly owned assets or assets held in trust
- Tax implications: high-value gifts that may trigger inheritance tax
- Cross-border assets: assets located in a different jurisdiction from your will
- Conditional gifts: gifts with unusual conditions or restrictions
About professional review
Every will on Orchard72 is reviewed by an independent qualified will writer or solicitor of your choice from our marketplace before it can be finalised. If you are unsure about any specific gift, Step 5.1 lets you flag the areas you would like your solicitor to look at, such as inheritance tax, creditor protection, or business and foreign assets. Those choices do not change your will; they tell your reviewer what matters to you.
How Specific Gifts Fit Into Your Will
When your will is executed, assets are distributed in the following order:
- 1. Debts and expenses: outstanding debts, funeral costs, and administration expenses are paid first
- 2. Cash gifts: any pecuniary legacies (fixed money amounts) are paid next
- 3. Specific gifts: named assets are distributed to their allocated beneficiaries
- 4. Residuary estate: everything remaining is divided according to your residuary estate instructions
Keep your will up to date
If you acquire or dispose of assets after creating your will, consider updating your specific gifts to reflect these changes. An outdated specific gift may fail through ademption, and a new asset won't be covered unless it falls under the residuary estate.
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