NFPA Paralegal Core Competency Exam (PCCE)Substantive LawMedium
A paralegal is preparing a will for a client who wishes to leave a specific piece of antique jewelry to her niece, and the remainder of her estate to her children. Which type of gift is the antique jewelry?
- AResiduary Bequest
- BGeneral Legacy
- CDemonstrative Legacy
- DSpecific Devise
Show answer & explanationAnswer & explanation
Correct answer: D. Specific Devise
A specific devise (or specific bequest for personal property) is a gift by will of a particular, identifiable item of property. The antique jewelry is a clearly identifiable item, making it a specific devise.
Why the other options are wrong
- A. A residuary bequest is a gift of the remaining estate after all specific and general bequests have been satisfied.
- B. A general legacy is a gift of a certain amount of money or quantity of property that is not identifiable from any particular source.
- C. A demonstrative legacy is a gift of a certain amount of money or quantity of property, to be paid from a specific source.
Specific Devise/Bequest
A gift in a will of a particular, identifiable item of property (real or personal) to a named beneficiary.
- The item must be precisely identified (e.g., 'my 1965 Ford Mustang').
- If the specific item is not in the estate at the time of death (e.g., sold or destroyed), the gift generally 'adeems' (fails).
- Recipient is the 'devisee' (for real property) or 'legatee' (for personal property).
- Takes priority over general and residuary gifts.
Memory trick: Specific is 'S' for single, special item.