Specific Gifts, Generally
A specific gift is any item
of
tangible personal
property
or intangible
personal property that a testator
gives directly to a specifically named
beneficiary. This is not the same as naming who will receive your
residuary estate.
For Example:
Specific gift: "I give my gold Rolex watch to Hanna."
Not a specific gift: "I give all of my property to my husband."
It is important to note that specific gifts are distributed before the
residuary estate. Also, unless the will directs otherwise, any
death taxes
due on specific gifts are paid out of the residuary estate before the
residuary estate is distributed.
In the above example, the gold watch would be given to Hanna before any
property is given to the
residuary beneficiaries. The residuary estate is also reduced by the
amount of tax due on the specific gift before any property is given to the
residuary beneficiaries, unless the will contains instructions that those
taxes should be paid by each beneficiary of a specific gift.
See: Specific Gifts, Taxation
