Definition§
In legal terms, “devise” refers to the act of gifting or transferring real estate property through the use of a will or last testament. It specifically applies to immovable property, primarily land and buildings. The term “bequeath,” on the other hand, is often used to describe the gifting of personal property, such as automobiles, jewelry, or art, through the use of a will.
Examples§
- Scenario 1: John Doe devises his beachfront villa to his nephew, ensuring the property remains in the family.
- Scenario 2: In her will, Mary Smith devises her primary residence to her daughter. Simultaneously, she bequeaths her vintage car collection to her son.
- Scenario 3: Upon his death, Robert Jones’ will stipulates that his investment property portfolio is to be devised to his two grandchildren equally.
Frequently Asked Questions (FAQs)§
Q1: What is the primary difference between devising and bequeathing property?
- A1: Devise refers specifically to the distribution of real property (land and buildings) through a will, whereas bequest refers to the distribution of personal property (such as money, jewelry, vehicles) through a will.
Q2: Can a person modify their devise after creating a will?
- A2: Yes, amendments to a will can be made through a codicil, which allows the testator to modify, change, or revoke parts of the original will, including any devise.
Q3: Can someone contest a devise?
- A3: Yes, like any other provision in a will, a devise can be contested in probate court by potentially interested parties, typically on grounds of undue influence, fraud, or lack of testamentary capacity.
Q4: Is there a specific terminology for devising but only granting a life interest in the real estate?
- A4: Yes, this is known as assigning a “life estate,” where the beneficiary has the right to use the property for their lifetime, after which it passes to a remainderman designated in the will.
Q5: Does the devise apply only to residential real estate?
- A5: No, a devise can apply to any type of real property, including commercial properties, undeveloped land, and agricultural land, among others.
Related Terms§
- Bequest: The act of giving personal property through a will.
- Codicil: A supplement or addition to a will that explains, modifies, or revokes a part of it.
- Life Estate: A type of ownership where a person is entitled to use the property for their lifetime, after which it reverts to another beneficiary.
- Remainderman: A person who inherits or is entitled to inherit property upon the termination of the estate of the former owner, usually after a life estate.
- Testator/Testatrix: A person who has made a legally valid will before their death.
Online Resources§
References§
- Black’s Law Dictionary, 11th Edition.
- “Wills, Trusts, and Estates” by Jesse Dukeminier, Robert H. Sitkoff.
Suggested Books for Further Study§
- “The Complete Book of Wills, Estates & Trusts” by Alexander A. Bove Jr.
- “The Executor’s Handbook” by Theodore E. Hughes and David Klein
- “Plan Your Estate” by Denis Clifford
