General information only — not legal advice. This guide explains specific gifts in wills in general terms. The wording of a gift, the state of the estate and the assets involved can all affect whether a gift takes effect as intended. If you are leaving substantial or complicated gifts, get advice from a qualified New Zealand lawyer.
The short answer
Yes. You can leave specific items in your will — jewellery, a vehicle, artwork, a collection, furniture, shares, a particular sum of money, or anything else you own. These are called specific gifts, and they are one of the most personal parts of a will. The key is describing the item clearly enough that there is no doubt about what you meant.
How to describe an item clearly
A specific gift works best when the item is easy to identify. Instead of “my ring”, say “my diamond engagement ring”. Instead of “the car”, name the make, model and registration. If an item could be confused with something similar you own, add details that remove the doubt — where it is, how it is marked, or a serial number where one exists.
You do not need to describe everything in a will. A short, accurate description is usually better than a long one, because items and circumstances change.
What kinds of items people gift
- personal items with family or sentimental meaning — jewellery, watches, artwork, photographs, heirlooms;
- vehicles, boats and equipment;
- collections — books, records, tools, sports gear;
- specific sums of money;
- shares in particular companies;
- property, if that is part of your plan; and
- digital assets, such as cryptocurrency or valuable digital collections — which need careful wording.
Pitfalls to avoid
Specific gifts can go wrong in a few common ways:
- vague descriptions — “my blue vase” when you own several;
- items that have been sold, replaced or given away before you die;
- items you do not actually own outright, or that are shared with someone else;
- gifts that leave the rest of the estate with too little to cover debts or other gifts;
- a beneficiary who witnessed the will, which can affect their gift; and
- relying on a separate note or list instead of putting the gift in the will — informal notes are not usually legally binding.
What happens if the item is gone
If a specific item no longer exists when you die — for example, you sold the car — the gift generally fails, and the person receives nothing instead. You can guard against this by saying what should happen if the item is no longer in your estate, such as “or $5,000 in its place”.
How specific gifts fit with the rest of the will
Specific gifts are usually paid or transferred first, and whatever remains — the residue — goes to your residuary beneficiaries. Debts and estate expenses also come out first. If an estate cannot cover everything, the interaction between debts, specific gifts and the residue can become complicated, which is why substantial gifts deserve legal advice.
Practical tips
- keep a simple list of important items and where they are, so your executor can find them;
- update the list — and the will — when you buy, sell or give away items;
- put genuinely important gifts in the will itself, not only in a letter;
- tell the person receiving a gift, if that will help avoid surprise or dispute;
- never write on a signed will to change a gift — make a new will instead; and
- review your specific gifts whenever your circumstances change.
The bottom line
Specific items can absolutely be included in your will, and for most people they are the most meaningful part of it. Describe each item clearly, keep the list up to date, and understand that if the item is gone, the gift may fail. Our guide on beneficiaries and guide on what a will is cover the surrounding basics.