Paralegal Certification PrepTorts and Property LawHard
A paralegal is reviewing a will for a client who recently passed away. The will states that the client's antique car collection is to be distributed among their three nieces. This collection is specifically listed and identified in the will. In the context of estates, what type of gift is this car collection considered?
- ADemonstrative Legacy
- BResiduary Bequest
- CGeneral Devise
- DSpecific Bequest
Show answer & explanationAnswer & explanation
Correct answer: D. Specific Bequest
A specific bequest (or specific legacy) is a gift of a particular, identifiable item of personal property, explicitly singled out in the will. The antique car collection, being specifically listed, fits this definition.
Why the other options are wrong
- A. A demonstrative legacy is a gift of a sum of money to be paid from a specific source, but if that source is insufficient, it's paid from general assets.
- B. A residuary bequest is a gift of whatever remains of the estate after all specific and general gifts are made.
- C. A general devise is typically a gift of real property of a general nature (e.g., 'my house'), or a gift of a sum of money (general legacy).
Specific Bequest (Legacy)
A gift of a particular, identifiable item of personal property, or a specifically identified fund, made in a will.
- The item must be clearly described and distinguishable.
- If the item is not in the estate at death (ademption), the gift fails.
- Contrast with general bequests (e.g., a sum of money).
Memory trick: Wills give gifts: Specific, General, Demonstrative, or whatever's Residuary.