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Multiple Choice

Which type of bequest is distinguished by a specific, identifiable asset?

A specific bequest is distinguished by the explicit identification of a particular asset to be given to a beneficiary. When the testator names a single item—like a named ring, a specific share of stock, or a particular piece of property—the gift is tied to that asset in the estate. Because the asset is clearly identified, the beneficiary’s entitlement rests on that exact item’s presence in the estate at death. This differs from a general bequest, which is a cash amount payable from the estate’s general assets without reference to a specific asset. A demonstrative bequest blends these ideas by earmarking a cash gift to be paid from a particular source of funds, not from general assets, while a residuary bequest covers what remains after debts and expenses. If the specific asset is not present at death, the bequest can fail under the doctrine of ademption, unless a reasonable substitute is available. The key point is that a specific bequest hinges on a clearly identified asset.

A specific bequest is distinguished by the explicit identification of a particular asset to be given to a beneficiary. When the testator names a single item—like a named ring, a specific share of stock, or a particular piece of property—the gift is tied to that asset in the estate. Because the asset is clearly identified, the beneficiary’s entitlement rests on that exact item’s presence in the estate at death. This differs from a general bequest, which is a cash amount payable from the estate’s general assets without reference to a specific asset. A demonstrative bequest blends these ideas by earmarking a cash gift to be paid from a particular source of funds, not from general assets, while a residuary bequest covers what remains after debts and expenses. If the specific asset is not present at death, the bequest can fail under the doctrine of ademption, unless a reasonable substitute is available. The key point is that a specific bequest hinges on a clearly identified asset.