Estate Planning And Specific Bequests: What Massachusetts Families Need To Know

Are you preparing your estate plan? You may be considering including some specific bequests. If so, it is imperative that your estate plan is properly prepared. At Fisher Law LLC, we help people and families navigate the full range of estate planning matters. Here, our Norwood estate planning attorney provides a guide to specific bequests in Massachusetts.

What is a Specific Bequest?

Broadly explained, a specific bequest is a clause or other provision in a will or a trust that identifies an exact item or fixed amount of money left to a named beneficiary. Under Massachusetts General Laws (M.G.L. c. 190B, §2-601), these gifts take precedence over general or residuary provisions.

They must be described with precision to avoid confusion or litigation. If the asset no longer exists at death, the bequest typically fails under the doctrine of ademption. Careful drafting ensures that each intended gift remains valid and enforceable through probate in Massachusetts. 

Challenges that Can Arise With Specific Bequests 

You can absolutely include specific bequests as part of your will in Massachusetts. It is not uncommon and it can be a great way to achieve your goals. With that being said, there are some problems that can arise. It is important that you know what they are so that they can be avoided:

• Ademption (Failure of the Bequest): The most frequent issue occurs when the specifically identified asset is no longer part of the estate at the time of death. Under Massachusetts law, if the testator sold, gifted, or otherwise disposed of the item before passing, the bequest fails entirely.
• Ambiguity in Asset Description: Vague or incomplete descriptions can create uncertainty about what property was intended. For example, a bequest of “my jewelry” may leave room for interpretation and dispute among beneficiaries.
• Insufficient Liquidity A will heavy in specific gifts may leave the estate short of liquid assets to cover debts, taxes, or administrative expenses. Creditors and tax obligations take priority under Massachusetts probate law, which can force the sale of other assets or reduce distributions to other beneficiaries.
• Conflict With Other Clauses: Finally, specific bequests can unintentionally contradict or deplete the residuary estate. When this occurs, beneficiaries of the residuary clause may receive far less than intended.

You Should Be Prepared to Balance Specific Bequests With Overall Estate Objectives 

Specific gifts should not undermine the broader structure of an estate plan. A well-designed will must balance immediate intentions with overall distribution goals. Excessive or poorly allocated specific bequests can deplete liquid assets, delay administration, and cause inequity among heirs. With that in mind, families should coordinate specific gifts with residuary distributions and trust funding requirements. 

Call Our Norwood, MA Estate Planning Lawyer Today

At Fisher Law LLC, our Massachusetts estate planning attorney helps clients solve problems before they arise. If you have any questions about specific bequests, please do not hesitate to contact us today for a completely confidential initial consultation. With a law office in Norwood, we provide estate planning services to people and families in Boston and all across the wider region.

Source:

malegislature.gov/Laws/GeneralLaws/PartII/TitleII/Chapter190B/ArticleII/Section2-601