Devise
What Is Devise?
Devise is a legal term used in estate planning that refers to the transfer of real property, such as land or buildings, to a beneficiary through a will. The act of leaving property in this way is known as a devise.
The person receiving the property is called a devisee.
Why It Matters
Devise provisions allow individuals to specify how real estate or other property should be distributed after death. This clarity can help prevent disputes among heirs and ensure property transfers according to the testator’s wishes.
Properly structured devises also simplify the estate administration process.
How Devise Works
A devise occurs when a testator includes instructions in a will specifying that certain real property should be transferred to a named beneficiary.
The process typically includes:
- identifying the property
- naming the devisee
- specifying the transfer in the will
After the testator’s death, the executor carries out the transfer during probate.
Example
A homeowner states in their will that their house should pass to their daughter. This transfer of property through the will is considered a devise.
Devise vs Bequest
- Devise typically refers to transferring real property.
- Bequest generally refers to transferring personal property through a will.
FAQs About Devise
What is a devisee?
A devisee is the person who receives property through a devise.
Does a devise always involve real estate?
Traditionally, it refers to real property.
Can a devise be conditional?
Yes. Some wills include conditions for property transfers.
Related Terms
