Wills and Trusts Bar Practice Exam

When a testator makes a specific gift in their will, they are designating a particular piece of property to a named beneficiary. If, at the time of the testator's death, the property that is intended to be conveyed through that specific gift is no longer owned by the testator, the gift is generally considered to be void. This means that the beneficiary will not receive the property because it is not part of the estate, nor will they be entitled to any cash value or equivalent.

Specific gifts are meant to be fulfilled with the exact asset described. If that asset is missing—whether it has been sold, disposed of, or otherwise no longer exists—then the intended recipient is left without the item they were meant to receive. In contrast, if a gift were general, such as a certain amount of money or other property, the rules might allow for some adjustment or replacement, but for specific gifts, the absence of the asset results in the gift being void.