Specific Gifts Not Owned
A specific gift is typically
identified as an item of
tangible personal
property that is unique from all other property in existence. For
instance, countless diamond rings exist, but there is only one diamond ring
that a person can refer to as "My one carat blue diamond anniversary ring,
with 'Always My Love' engraved inside."
A properly identified specific gift that is not a part of the
testator's
estate cannot be paid, because a person can only give away property that is
owned. These gifts are said to adeem.
A specific gift that is not uniquely identified and is not a part of the
estate may require the executor to
buy a replacement item for the named beneficiary or give that beneficiary
the amount of cash equal to the item's value. For instance, a will that
makes a specific gift of a "one carat blue diamond ring" may be properly
interpreted to mean that the testator just wanted the beneficiary to have
that type of ring, rather than receive a specific ring that the testator
owned. As further assurance against this type of error, each will instructs
that any specific gift which is not owned at the time of death will adeem.
A specific gift of cash is known as a general gift and will not adeem, as
long as the testator has sufficient assets to satisfy all of the testator's
obligations, such as administration expenses, debts, the family exemption,
and other gifts.
See: Gifts, Insufficient Assets;
Gifts, General Distribution
