When creating a will, you have the option to leave specific gifts - particular items, amounts of money, or property - to individuals or organizations. These gifts are distributed before the rest of your estate (called the “residue”) is divided.
In Quebec, specific gifts are referred to as legacies, and they follow Civil Code terminology. Willful supports particular legacies (specific gifts to a person or organization), and the distribution process follows the same steps as in other provinces.
What is a specific gift in a will?
A specific gift (or legacy in Quebec) is a clearly identified asset or amount of money left to a named person or group in your will.
Common examples include:
A piece of jewelry or family heirloom to a relative
A set amount of money to a grandchild
A donation to a charitable organization
A property, like a cottage or vehicle, to a specific person
Royalties or intellectual property
Shares or options in a company
These gifts are distributed before your residual estate is divided among your main beneficiaries. Learn more about early inheritance & gift tax.
You can add as many specific gifts as you’d like. If you have a collection of similar items (e.g., a record collection), you can group them together under a label like “my record collection” rather than listing each item individually.
In Willful:
You can itemize multiple specific gifts in the designated section
Alternatively, you can compile a separate list of items
Willful includes an “additional memoranda” clause that gives your executor (or liquidator in Quebec) the authority to distribute items according to your written or verbal wishes—even if they’re not included in your will
How do specific gifts work in Willful?
Willful’s specific gifts section is for leaving property or real items (e.g., heirlooms, furniture, vehicles) to an individual
If you want to leave a cash gift to a charity, this can be done using the charitable contributions page
You can only assign each gift to one person or organization—at this time, you cannot split a gift among multiple people
The system also does not support the “%” symbol, so gifts must be described in full words or numbers
Can you set conditions or backups?
Currently, Willful does not support conditional gifts. Specific gifts are given first and without conditions. If a recipient is unable to accept the gift (for example, if they pass away before you), the gift is considered lapsed and goes back into the residue of your estate.
You also can’t name a backup recipient for specific gifts. If the original recipient (called the legatee in Quebec) is no longer able to receive the gift, it will be redistributed with the rest of your estate.
Special considerations for certain types of gifts
Safety deposit boxes
While you can leave the contents of a safety deposit box as a gift, it’s often better to specify each item. The contents can change over time and may include:
Important documents like insurance policies or deeds
Sentimental or high-value items
Items you may not have intended to gift
This ambiguity can create confusion - for example, if a property deed is inside the box, it’s unclear whether the gift includes the property itself.
If you choose to gift the box contents, include specific information like:
The institution name
Location and box number
Any guidance for what’s included or intended
For more clarity, consider consulting a lawyer.
Real estate and property
If you’re leaving real estate as a gift, be mindful of how the property is owned:
If property is jointly owned with rights of survivorship, it passes automatically to the surviving owner(s)
If both owners pass away simultaneously, the property is split equally between their estates
If you want to leave your share of the property to someone else, you’ll need to change ownership to tenants in common
With tenants in common, your portion becomes part of your estate and can be gifted or included in your residue. Changing the ownership type requires help from a real estate lawyer.
Stock options
If you're leaving options in a company, be sure to check with the company to see if it allows options to be passed on to a beneficiary. can pass on your options in a Willful will, but only if your option plan allows for options to be passed on. An option is a right to buy shares in the future, and each plan may be different.