Bequest vs Bequeath: What It Means in Your Will

Jan 26

When people are updating or creating a will, you’ll often see the terms bequest, bequeath, and “bequeaths.” They sound similar and they are, but the words carry distinct meanings that matter when your will is ready after you’re gone.

This article explains what these terms mean. How they apply in Whatcom County and all Washington wills, and how to use them clearly so your intentions are understood and carried out.

Click here for a PDF of Whatcom County Probate Attorneys

What is a Bequest?

A bequest is simply a gift given through a will.

When you list a bequest, you are directing that a particular item, sum of money, or piece of property be given to someone after your death.

Bequests can take several forms:

A specific item (like “my grandmother’s watch to my niece”)
A sum of money (like “$10,000 to my friend”)
A percentage of the estate (like “10% of my estate”)

In plain terms, a bequest is the thing being given.

How Bequests Relate to Real Estate in Whatcom County & Washington

Real estate is often the largest asset in an estate. Your will can direct what happens to your home or land the same way it directs personal items or cash. In Washington, many people simply write a clear gift of their house in their will. In practice, I see three common approaches that actually work at the closing table:

Name who receives the property, and state whether they take it as is or to be sold with proceeds divided.
Give your personal representative power to sell the property and distribute the net to named beneficiaries.
Use a separate planning tool while you are alive, like a Transfer on Death deed, so the home passes outside probate. If you use this, make sure your will and beneficiary designations do not conflict.

If your plan is for the house to be sold, plain language helps the family and the court. For example, “I bequeath my residence at 123 Bay Street, Bellingham, Washington to my three children in equal shares, and I authorize my personal representative to sell the property and divide the net proceeds equally.”

What Does “Bequeath“ mean?

Bequeath is the verb form of the word. It means to give or leave something in a will.

So when you write a will the language typically says:

“I bequeath ___ to ___”

Here, “bequeath“ means “I’m giving this as a gift through my will.”

In legal documents, these terms are used in a formal way, but their meaning is straightforward. You’re willing the person reading your will exactly what goes to whom.

A Quick Note on “Devise“ and Real Estate

You may also see the word “devise,” especially in older forms or articles. Many people use “devise” when they are talking about gifts of real property, and “bequest” for cash or personal items. Modern Washington practice often uses “devise” for any testamentary gift. The key is not the vocabulary contest. It is that your document is specific about the address, what you want done with the home, and who has authority to act.t.

How The Two Terms Work Together

In a typical will, you might see something like:

“I bequeath my watch to my niece, Emma”

Breaking that down:

“Bequeath” = the action of giving
“Bequest” = the thing that is being given (the watch)

The verb tells the court what you’re doing. The noun describes what is being given.

This structure helps make sure your intent is clear and enforceable.

Where real estate language gets more specific

When the gift involves a house or land in Bellingham or anywhere in Whatcom County, add details your family will need later:

The street address and, if you have it handy, the legal description from your deed or title report.
Whether the property should be kept in the family or sold.
Who can make the sell or hold decision if market conditions change.
Whether the estate will cover cleanup, hauling, and basic safety repairs before sale.

Action Step: If real estate is part of your plan, put the address in the will and say plainly whether you want the home sold or kept. Then confirm your personal representative has authority to sign listing documents, select a Realtor, and close.

Why Precise Language Matters

Wills can be challenged when the language is unclear or contradictory.

Clear bequest language protects your intentions by:

Reducing confusion
Preventing disputes among heirs
Helping the court and your personal representative interpret your wishes accurately

A will is not just personal writing, it is a legal document. Using precise terms like “bequeath” and “bequest” the right way strengthens your plan.

Real Estate Examples That Actually Help Families

Here are a few clear, common examples I see work smoothly when a home is involved:

Specific real estate bequest to keep
“I bequeath my residence at 123 Holly Street, Bellingham, Washington to my son, Jack, together with all fixtures and appurtenances.”

Real estate bequest to sell and split
“I bequeath my residence at 123 Holly Street, Bellingham, Washington to my children, Jack and Emma, and I authorize my personal representative to sell the property and distribute the net proceeds to them in equal shares.”

Backup plan if a beneficiary cannot take title
“If any named beneficiary is unable or unwilling to accept title, I authorize my personal representative to sell the property and distribute the net proceeds to the remaining beneficiaries.”

What makes these work is simple syntax:

Identify who is receiving
Identify what they are receiving, with the property address
Use a clear verb (“bequeath”) and state sell or keep

Bequests vs. Other Transfers

Bequests in will are just one way property can pass at death.

Some assets pass outside of the will and aren’t described as bequests:

Jointly owned assets with right of survivorship
Transfer on Death deeds for real property
Payable on Death (POD) accounts
Retirement accounts with named beneficiaries
Life insurance with beneficiary designations

These transfer methods don’t rely on bequests because they happen outside the will.

The bottom line: bequests matter only for probate assets that actually go through the estate. For a house, that often depends on how the deed is titled and whether you recorded a Transfer on Death deed while you were alive.

Practical Tips for Writing Bequest Language

If you’re preparing a will:

Be specific
name the exact item or amount like “my watch,“ not “my jewelry.“ For real estate, include the street address and whether you want it sold or kept.
Name the beneficiary clearly
Include full legal names, not nicknames.
Avoid ambiguous descriptions
”Majority of my estate” can lead to confusion. With a property, “the cabin” is less helpful than “my property known as 123 Lake Road, Blaine, Washington.“
Coordinate with other planning tools
If a transfer on Death deed in on record, or a spouse in on title with survivorship rights, bequests may not apply to that property.
Review with an attorney
An estate planning attorney ensures your language has legal precisions and matches your broader plan. If the plan is to sell, ask the attorney include clear non-intervention authority so your person representative can sign listing and sale documents without extra court steps.

Helpful Washington Resources

Washington Probate Overview (plain English)
https://www.nolo.com/legal-encyclopedia/washington-probate-an-overview.html
Washington Revised Code on Wills
https://app.leg.wa.gov/rcw/default.aspx?cite=11.12
Whatcom County Superior Court — Probate Information
https://www.whatcomcounty.us/3341/Probate

How I Help When A Home is Part of The Bequest

I work with heirs and personal representatives in Bellingham and across Whatcom County when a will leaves a home to family , or directs that it be sold. My role is to make the real estate side simple and transparent. That includes safety checks on a vacant house, organizing clean out and donation, advising what repairs are worth it, preparing the home for market, and then managing the listing and sale to the estate nets the most possible. If you are out of the area, we can do the entire process by phone, email, and video, and I will coordinate every step on the ground.

Final Thoughts

Bequests and bequeaths are terms that come up in every will. They are standard legal language, but their purpose is simple. To express you gifts clearly so your wishes are followed. When a house or land is involved, a few extra lines of detail in Washington can save your family months of confusion later.

This article is general information about Washington law and not legal advice. For help drafting or reviewing your will so that your intent is honored, consult a Washington estate planning attorney.

If you’re in Whatcom County and want help thinking how your bequests fit into your overall plan, especially if real estate is involved, I’d be glad to walk through the practical steps with you.

Book A Call With Brandon

I keep an up-to-date list of probate attorneys who actively work with families here in Whatcom County. There are six options on the list, and they all offer a brief discovery call at no charge so you can ask where to start, what paperwork matters, and what to do next. Click the button below for instant access.

Click here for a PDF of Whatcom County Probate Attorneys