Paralegal Certification PrepTorts and Property LawMedium
A client is seeking to draft a will that leaves a specific antique clock to their niece. However, the client wants to ensure that if the clock is no longer in their possession at the time of their death, the niece receives a specific sum of money instead. What type of testamentary gift would achieve this outcome?
- ADemonstrative legacy
- BSpecific legacy
- CGeneral legacy
- DResiduary legacy
Show answer & explanationAnswer & explanation
Correct answer: A. Demonstrative legacy
A demonstrative legacy specifies a gift from a particular source but provides an alternative if that source is insufficient or no longer exists. This fits the scenario of a specific item with a monetary fallback.
Why the other options are wrong
- B. A specific legacy is a gift of a particular, identifiable item. If the item is not in the estate at death, the gift typically fails (ademption).
- C. A general legacy is a gift of a general nature (e.g., a sum of money) not tied to a specific asset.
- D. A residuary legacy is a gift of whatever remains in the estate after all other specific and general gifts have been distributed.
Demonstrative Legacy
A testamentary gift of a specified amount or quantity to be paid from a designated fund or property. If the fund/property is insufficient or ceases to exist, it becomes a general legacy, payable from the general assets of the estate.
- Combines aspects of specific and general legacies.
- Designates a source but offers a fallback.
- Not subject to ademption if the source fails.
Memory trick: Demonstrative gifts DEMOnstrate a source, but have a backup plan.