Paralegal Advanced Competency Exam (PACE) Practice Exam

What is the definition of a bequest in legal terms?

1. A testamentary gift of personal property

2. A type of personal property ownership

3. A legally binding agreement between parties

4. A transfer of real estate property only

The correct answer is: A testamentary gift of personal property

In legal terminology, a bequest specifically refers to a gift of personal property that is made through a will or testamentary document. This means that when an individual passes away, they can dictate in their will how certain items, such as jewelry, cash, or securities, are to be distributed to their beneficiaries. The bequest does not apply to real estate; rather, any transfer of real estate upon death would typically be designated as a devise. Understanding this distinction is crucial for legal practitioners as it guides how assets are categorized and transferred in accordance with the wishes of the decedent. The other definitions, while related to property and legal agreements, do not accurately capture the essence of a bequest. Personal property ownership encompasses a wider range of property rights than what a bequest entails, and a legally binding agreement between parties refers to contracts, which differ from testamentary dispositions. Lastly, the transfer of real estate property specifically involves devises, distinguishing it from bequests, which deal solely with personal property.