Which legal principle states that a person can only bequeath what they own at the time of death?

Study for the Wills Bar Exam. Prepare with flashcards and multiple choice questions; every question has hints and explanations. Get ready for your exam success!

The principle that a person can only bequeath what they own at the time of death relates to the concept of property rights and legitimate ownership. This principle ensures that any gifts made through a will are legally valid only if the testator (the person making the will) had legal ownership of the property they intended to bequeath at the moment of their death.

The correct answer highlights the importance of testamentary capacity, which involves not only the mental state of the individual when making a will but also extends to the legal ability to transfer property. This means that any assets included in a will must legally belong to the testator at the time of death; otherwise, those assets cannot be distributed to beneficiaries, regardless of the will's intentions.

The other options do not accurately reflect this legal principle. The doctrine of bequeathment isn't a recognized legal term, and while the doctrines of ownership transfer might address broader ownership concepts, they do not specify the timing related to the act of bequeathing. The doctrine of property rights pertains more generally to ownership rather than the specific timing required for bequeathing property through a will.

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