You can leave individual items (called 'specific gifts') to certain people by naming them in your Will.

Any property that you do not give as a specific gift and which is not used to pay debts, legacies, tax or the expenses of administering your estate is part of the 'residue' of your estate - see below.

Consider any specific gifts carefully. Are there family heirlooms that would have a special meaning to someone? For example, is there perhaps a particular item you want to leave to a nephew? If you are a mother, do you want to leave your jewellery to your daughter? A specific gift may not have monetary importance necessarily, but may have personal significance.

In the case of specific gifts, always indicate clearly who is to receive each item of property. Give names in full and identify each item of property clearly.

Examples:

'I give my Cartier watch to my son, Duncan Charles Smith'  or

'I give my CD collection to my son, Alexander Hugh Ross.'

It's also possible to make a gift of money in a Will. This is usually called a 'legacy'. Again, you should clearly indicate the amount and the person who is to receive it.

Example:

'I give £2,000 to my son, Martin Hubert.'

Sometimes a particular item of property is charged with payment of a debt or other liability. In the case of land and buildings, such a charge is usually called a mortgage. The widest term for such charges is 'encumbrances'. If a case of this sort arises, you should indicate clearly whether the person who receives the property takes it subject to the encumbrance, or free from the encumbrance, in which case the encumbrance will be paid out of the residue of the estate.

Examples:

'I give to my daughter, Alison , my house at 5 Acacia Avenue, London, SW10 2PZ, subject to the mortgage on it' or

'I give to my friend, Diana Jenkins, my shares in Google, free from all encumbrances.'

The 'residue of your estate' is the term used to describe what property of yours is left over after the deduction of specific gifts, debts, legacies, tax and the expenses of administration.

If you decide not to make any specific gifts, but instead give all of your property to one person alone, then this gift becomes the 'residuary gift'( i.e. they will receive the whole of your residuary estate) and this person will receive whatever is left after the necessary deductions (i.e. debts etc.) have been made.

You must make a residuary gift in your Will, otherwise you will die partially intestate. This means that any specific gifts and legacies can be distributed according to your wishes, but the remainder of your property, which makes up the residue, will be distributed under the rules of intestacy. This could result in a property distribution you may not have wanted.

Your residuary estate can be given to more than one person but if you do so, you must state the share of the residue that each person is to receive, whether equal or otherwise.

Examples:

'I give the residue of my estate to Hugh Peter Ross, Susanna Johnson and Nigel Skeffington in equal shares' or

'I give the residue of my estate to my wife Gillian Ross (two-thirds share) and to my brother Simon Ross (one-third share).'

Law stated as at 1 September 2007