Bequeath vs. Bequest — What's the Difference?

Bequeath is a legal term used primarily in the context of wills, where an individual specifies their wish to leave personal property or assets to someone upon their death. This act is a deliberate and legal declaration, often documented in a will, outlining the transfer of specific items or sums of money to heirs or beneficiaries. On the other hand, a bequest is the actual item, property, or amount of money that is left to someone in a will. It represents the fulfillment of the act of bequeathing and becomes a tangible or intangible asset passed down as part of an estate.

While bequeathing is an action taken by the testator (the person who writes the will), a bequest is more passive, representing the outcome or receipt of that action by the beneficiary. The distinction lies in the roles associated with each term: one is an active verb denoting the act of giving, and the other is a noun representing what is given.

The legal implications of bequeathing involve careful consideration and documentation to ensure the testator's wishes are clear and legally binding, whereas receiving a bequest typically requires the beneficiary to go through the probate process to legally claim the item or assets.

The nature of bequeathing allows for specific conditions or stipulations to be attached to the transfer of assets, such as age conditions for beneficiaries or specific uses for the bequeathed assets. Bequests, in contrast, are subject to these conditions and may be categorized into different types, such as specific bequests (particular items or amounts of money) and residuary bequests (what remains of the estate after other bequests have been fulfilled).

Emotional and personal significance often surrounds the act of bequeathing, reflecting the testator's relationships and wishes for their legacy, while a bequest carries the weight of this intention, symbolizing the continuation of the testator's presence and influence in the lives of the beneficiaries.