Originally published: January 18, 2016 | Last updated: February 8, 2026
What Types of Bequests Can You Include in a Will?
A bequest is a gift or property transfer specified in your Will. There are three types:
| Bequest Type | Description | Example |
|---|---|---|
| Fixed sum of money (pecuniary legacy) | A specific dollar/pound amount paid from the estate | Leave $5,000 to a friend |
| Specific item or property | A named possession transferred to a beneficiary. If you no longer own it at death, the bequest is “adeemed” (void). | Leave your Porsche to your nephew |
| Percentage of residual estate | A share of everything remaining after debts, taxes, expenses, and specific gifts are paid | Divide residual estate equally among three children |
Who Can Be a Beneficiary?
Family members — anywhere in the world
There is no geographic restriction. An expat can name a family member in any country as a beneficiary. The executor is responsible for locating them and delivering their bequest.
Children — including minors
Children of any age can be beneficiaries. Minors cannot directly receive an inheritance, so you should set up a testamentary trust in your Will specifying the ages at which they receive their inheritance (e.g., one-third at 21, one-third at 25, the remainder at 30).
Friends
A beneficiary does not need to be a relative. Your Will is an opportunity to recognize the impact friends have had in your life. Be sure to identify them unambiguously — full name and relationship, not just “my friend Bob.”
Charities and organizations — anywhere in the world
Charities, churches, schools, community groups, and scholarships can all be beneficiaries. This is known as planned giving or legacy giving. ExpatLegalWills.com specifically prompts you to consider charitable bequests.
Who Cannot Be a Beneficiary?
Animals
In most jurisdictions, a pet is considered property, and property cannot own other property. However, many jurisdictions now allow pet trusts where the trust funds are used for the benefit of the animal.
A witness to the signing of the Will
This is the most critical rule. A witness to your Will cannot benefit in any way from its contents. Most jurisdictions also disqualify the spouse of a witness from being a beneficiary. At best, the witness forfeits their bequest; at worst, the entire Will may be overturned.
Illegal beneficiaries
You cannot leave a bequest to a terrorist organization, promote hate speech, or include any provision that would be illegal. Courts have overturned Wills found to violate anti-discrimination laws.
Key Takeaway
The slayer rule prohibits inheritance by someone who murders the person from whom they would inherit. However, simply being convicted of an unrelated crime does not disqualify someone from being a beneficiary.
Who Must Be a Beneficiary?
Depending on jurisdiction, certain people may have a legal right to claim from your estate:
- Spouse or civil partner — most jurisdictions allow a spouse to challenge a Will that disinherits them
- Minor children — generally protected by law from being completely excluded
- Adult children — increasingly, courts are granting adult children successful challenges (e.g., UK Inheritance Act claims)
- Dependents — anyone who can demonstrate financial dependency on you may have a claim
What Happens If You Die Without a Will?
Without a Will (dying “intestate”), local laws dictate asset distribution:
- Your spouse probably will not receive everything — most jurisdictions split assets between spouse and children
- Everything may need to be sold to establish a cash estate value for percentage-based distribution
- No charities or friends will receive anything
- If you have no relatives, everything goes to the government
Frequently Asked Questions
Can a beneficiary live in a different country?
Yes. There are no geographic restrictions on naming beneficiaries. Your executor is responsible for locating beneficiaries and delivering their bequests regardless of where they live.
Can I leave my entire estate to a charity?
Generally yes, but you may be legally required to provide for your spouse and dependents first. If you plan to disinherit family members in favor of charities, consider seeking legal advice.
What is “ademption”?
Ademption occurs when you leave a specific item in your Will but no longer own that item at the time of your death. The bequest is simply void — the beneficiary typically does not receive a cash equivalent.
He has over 20 years of experience helping people to write their Will and other estate planning documents. He has been interviewed by many of the major news media outlets and has contributed to articles in most leading publications. He has also contributed to a number of financial planning books.
Throughout his career, Tim has written extensively on the subject of Will writing and estate planning.
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