NFPA Paralegal Core Competency Exam (PCCE)Substantive LawMedium
A paralegal is reviewing a client's will. The will specifies that 'all my digital assets, including my social media accounts and cryptocurrency holdings, shall be distributed to my niece, Sarah.' What type of testamentary gift is this provision an example of?
- ADemonstrative Bequest
- BResiduary Bequest
- CGeneral Bequest
- DSpecific Devise/Bequest
Show answer & explanationAnswer & explanation
Correct answer: D. Specific Devise/Bequest
A specific devise or bequest is a gift of a particular, identifiable item or property, distinct from all other property of the testator. The will explicitly names 'all my digital assets, including my social media accounts and cryptocurrency holdings,' making it a specific gift.
Why the other options are wrong
- A. A demonstrative bequest is a gift from a specified fund or source, but if that source is insufficient, it can be paid from the general estate.
- B. A residuary bequest gives the remainder of the estate after all other gifts are made.
- C. A general bequest is a gift of a specified amount of money or quantity of property from the general estate, not a particular item.
Specific Devise/Bequest
A gift in a will of a particular, identifiable item of personal property (bequest) or real property (devise) that can be distinguished from all other property of the testator.
- Refers to a distinct, identifiable asset.
- If the asset is no longer owned at death (ademption), the gift fails.
- Takes precedence over general and residuary gifts.
Memory trick: How does the will slice the pie?