Definition
A specific legacy is a gift in your will of a particular item you own, such as "my diamond engagement ring" or "my 2020 Audi Q5", identified by describing the specific asset with possessive language.
Specific legacies allow you to pass treasured possessions to chosen beneficiaries, but they carry a critical risk: if you no longer own the item when you die, the gift fails completely through ademption.
What Does Specific Legacy Mean?
Under English and Welsh law, a specific legacy identifies a particular item existing in your estate at the date you make your will. According to HMRC guidance (IHTM12082), the distinguishing feature is possessive language—"my 1,000 BP shares" creates a specific legacy, while "1,000 BP plc ordinary shares" creates a general legacy. The word "my" signals you're giving that particular item you own, not just any item of that type.
Specific legacies commonly include property, jewellery, vehicles, shares, art, and collectibles. When Sarah writes "I give my diamond engagement ring with 2-carat solitaire in platinum setting to my daughter Emma," she's creating a specific legacy. Emma will receive that exact ring, identified among Sarah's possessions by the detailed description. The gift must be described precisely enough for executors to identify it without confusion.
The most critical risk with specific legacies is ademption—the complete failure of a gift when you no longer own the item at death. If David leaves "my 1967 Jaguar E-Type, registration ABC 123D" to his nephew Thomas, but sells the Jaguar in 2022 to help his daughter buy a house, Thomas receives nothing when David dies in 2024. Not the £95,000 sale proceeds. Not David's new car. Nothing. The gift has adeemed because the specific item doesn't exist in David's estate. Even if David had £95,000 sitting in his bank account from the sale, Thomas has no claim to it unless the will specifically provides otherwise.
Ademption occurs whenever you sell, give away, lose, destroy, or no longer own the specific item. Patricia leaves "all money in my Barclays savings account number 12345678" to her granddaughter Amy. When Barclays closes that account and transfers funds to a new account with a different number, the specific legacy adeems—even though Patricia clearly intended Amy to have the money and £35,000 sits in the successor account. Amy receives nothing. This harsh rule applies even to bank administrative changes outside your control, which is why regular will reviews are essential whenever your assets change.
However, specific legacies have important advantages. During estate administration, they rank after debts but before general cash legacies in the abatement priority order. If your estate runs short of funds, specific legacies are better protected—the treasured items reach their intended recipients while general cash gifts might be reduced. You can also specify alternative beneficiaries if your first choice dies before you.
One crucial consideration: mortgages and secured debts typically pass with specific legacies unless your will specifically directs otherwise. If you leave "my house at 123 Main Street" to your son, he receives the property subject to any outstanding mortgage unless your will explicitly states the estate should pay it off first. For valuable assets like property, art, or significant share portfolios, seek professional legal advice to understand tax implications and proper drafting.
Common Questions
"Can I leave my engagement ring to my daughter in my will?" Yes, you can leave your engagement ring as a specific legacy by writing "I give my diamond engagement ring to my daughter [name]" in your will. Describe it clearly enough for executors to identify it, and update your will if you ever give the ring away or sell it during your lifetime.
"What happens if I leave my car to someone but then sell it before I die?" If you sell, trade in, or give away a specific item you've left in your will, that gift fails through ademption. The beneficiary receives nothing—not even the sale proceeds—unless your will specifically provides for this situation. Always update your will after selling items you've specifically bequeathed.
"Should I leave 'my Honda Civic' or 'a car worth £15,000' in my will?" "My Honda Civic" is a specific legacy that refers to the exact car you currently own, while "a car worth £15,000" is a general legacy requiring executors to purchase one. Use a specific legacy if you want someone to have that particular vehicle, but remember it fails if you no longer own it. A general legacy is safer if your circumstances might change.
Common Misconceptions
Myth: If I leave someone my car in my will but trade it in before I die, they'll get whatever car I own at death.
Reality: Unless your will says "the car I own at my death," a specific legacy of "my 2020 Ford Focus" refers only to that exact vehicle. If you've traded it in or sold it, the gift fails completely through ademption. The beneficiary receives nothing—not your new car, not the trade-in value, nothing. Wills are legal documents interpreted literally; the specific gift must exist in your estate at death or it fails entirely.
Myth: I can leave "my house" to my son even if I have a mortgage, and he'll get it mortgage-free.
Reality: Unless your will specifically directs that debts on a specific legacy must be paid from your estate, the beneficiary typically receives property subject to any mortgage or charges. Your son would inherit the house but also responsibility for the outstanding mortgage, unless your will explicitly states the estate should pay it off first. Mortgages are secured debts that "run with the property" unless specifically provided otherwise.
Related Terms
Understanding Specific Legacy connects to these related concepts:
- Legacy: A specific legacy is one type of legacy (gift in a will), distinguished from general and pecuniary legacies by identifying a particular item.
- Pecuniary Legacy: While a specific legacy gives a particular item, a pecuniary legacy gives a fixed sum of money that doesn't adeem if specific accounts no longer exist.
- Ademption: The legal process by which a specific legacy fails when you no longer own the item at death—the key risk of specific legacies.
- Chattels: Personal possessions like furniture, jewellery, and vehicles are commonly given as specific legacies in wills.
Related Articles
- What to Include in Your Will (Complete Checklist): Understand how specific legacies fit within your complete will structure and when to use them for treasured possessions.
- Art and Collectibles in Your Will: See how specific legacy principles apply to valuable artwork and collections requiring careful description and valuation.
- Intellectual Property in Your Will (Royalties, Copyright): Learn how specific legacy concepts apply to intangible assets like copyrights and royalty rights.
- How to Leave a Classic Car in Your Will: Discover specific legacy principles in action, including ademption risks if you sell or trade your vehicle.
Need Help with Your Will?
Leaving specific items to loved ones requires precise wording to avoid ademption and ensure your wishes are carried out. Understanding specific legacies helps you protect both sentimental heirlooms and valuable assets.
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Legal Disclaimer: This glossary entry provides general information about UK legal terminology and does not constitute legal advice. For advice specific to your situation, consult a qualified solicitor.