What Is a Bequest? Gifts in Wills Explained

What are the main types of bequest?

Pecuniary bequests are fixed sums of money, specific bequests are named items, and residuary bequests are shares of what remains. Most wills use a combination of all three.

A pecuniary bequest reads like “£5,000 to my niece”. A specific bequest names an exact asset: a car, jewellery, or a painting. A residuary bequest deals with the distribution of everything left over once debts, costs, and the other gifts have been settled, usually expressed in percentages, and it can be paid outright or into a trust. There is also a demonstrative bequest, a sum paid from a named source such as a particular account, though these are less common in practice.

What happens if a bequest fails?

A specific bequest fails if the item no longer exists at death, and a gift fails if the beneficiary dies first without a backup named. Failed gifts usually fall into the residue.

If you leave “my car” and sell the car before you die, that gift simply lapses, and the beneficiary receives nothing in its place. If a beneficiary dies before you and the will names no substitute, their gift generally falls back into the residuary estate. Gifts to your own children are the exception, since these can pass down to their children under statutory succession rules. Naming backup beneficiaries when writing your will is the provision that stops these gaps appearing, and gov.uk’s guidance on making a will treats it as standard drafting.

How do you make a bequest in a will?

Name the beneficiary precisely, describe the gift exactly, and state what happens if the beneficiary dies before you do. Precision in each clause is what separates a clean bequest from a disputed one.

Use full names rather than relationships alone, since “my nephew” can be ambiguous in a large family. Describe property and items in enough detail for your executor to identify them beyond doubt in the document, and the transfer at probate stays simple. For a residuary bequest, state each beneficiary’s percentage and make sure the shares total 100. A solicitor-checked will covers all of this through guided questions, so the drafting rules are handled for you rather than left to memory.

Are bequests taxed in the UK?

Bequests are paid out of the estate after any inheritance tax is settled, and gifts to charities and spouses are exempt from inheritance tax entirely. The beneficiary does not pay income tax on a bequest itself.

Inheritance tax, where it applies, is charged on the estate before the allocation to recipients, and gov.uk’s inheritance tax guidance sets out the current thresholds. Bequests to a spouse or civil partner, and charitable donations to UK-registered charities, pass free of inheritance tax, and a charitable legacy can reduce the rate the rest of the estate pays. A last will and testament can also add a gift later through a codicil, and larger charitable endowments follow the same exemption. What a beneficiary does with an inherited asset afterwards, such as selling it, can have its own tax consequences.

Frequently asked questions

What is the difference between a gift and a bequest?

A bequest is specifically a gift made through a will, taking effect on death. A gift made during your lifetime is just a gift, with different legal and tax treatment. In everyday use the words overlap, but in a will context, bequest always means a gift the will itself makes.

What is an example of a bequest?

“£2,000 to my friend Sarah Jones” is a pecuniary bequest. “My grandfather’s watch to my son Thomas” is a specific bequest. “Half of the residue of my estate to my daughter Emily” is a residuary bequest. A single will commonly contains all three types side by side.

Is a bequest the same as an inheritance?

Almost. A bequest is the gift as written in the will, and an inheritance is what the beneficiary actually receives, whether under a will or the intestacy rules when there is no will. Every bequest received is an inheritance, but not every inheritance comes from a bequest.

Can you leave a bequest to a charity?

Yes, and charitable bequests are exempt from inheritance tax. Name the charity by its full registered name and charity number, and include a fallback in case it merges or closes. Leaving money to charity in a will covers the wording and the tax effect in detail.