Implied Bequest Law and Legal Definition

Implied bequest is a bequest or devise inferred from expressions in a will raised for the purpose of carrying out what the testator appears on the whole to have really meant, but failed to express as distinctly as he should have done.

The theory of an implied bequest has been recognized in many states. However, a gift will not be inferred from mere silence, but must be founded on expressions in the will, and is only admitted as a means of carrying out what the testator appears on the whole to have really meant, but failed somehow to express as distinctly as he should have done. [American Nat'l Bank & Trust Co. v. Auman, 746 S.W.2d 464 (Tenn. Ct. App. 1987)].