A devise is the act of giving property by will, traditionally referring to real property. A bequest is the act of giving property by will, usually referring to personal property. Today, the two words are often used interchangeably due to their combination in many wills …
What is Devise and bequeath?
Key takeaways
- Devise refers to giving real property in a will.
- Bequeath refers to giving personal property in a will.
- Both terms are often used together in legal documents.
In plain English
When someone creates a will, they can 'devise' real estate or 'bequeath' personal belongings to others. These terms describe how a person can pass on their property after they die. While they originally had different meanings, they are often used together in wills to cover all types of property.
Why Devise and bequeath matters
Understanding 'devise and bequeath' is crucial in estate planning. It helps ensure that your wishes regarding property distribution are clear and legally enforceable. Properly using these terms in a will can prevent disputes among heirs and ensure that assets are distributed according to the deceased's intentions.
How Devise and bequeath works in practice
When drafting a will, the testator (the person making the will) specifies who receives their property. They can use 'devise' to refer to real estate and 'bequeath' for personal items. This language is important in the will's execution, as it clarifies the testator's intentions. Executors, appointed by the testator, are responsible for carrying out these wishes according to state laws governing wills and estates.
Examples
Scenario: Maria leaves her house to her son, John, in her will.
Outcome: John receives the house as a devise.
Scenario: James bequeaths his collection of books to his friend, Aisha.
Outcome: Aisha receives the books as a bequest.
Frequently asked questions
What does it mean to devise property?
To devise property means to leave real estate to someone in your will.
How is bequeathing different from devising?
Bequeathing typically refers to personal property, while devising refers to real property.
Can I devise and bequeath in the same will?
Yes, you can use both terms in your will to cover different types of property.