What Is Devise?

In legal terms, a devise refers to the act of gifting real property (land or buildings) through a will. It encompasses both the action of leaving real property to someone in a will and the property itself that is bequeathed.

The term is used specifically in the context of wills and estate planning, distinguishing the transfer of real property from the bequest of personal property (movable items) and the legacy of money.

Devise Explained

When someone "devises" property, they are formally specifying in their will who will inherit their real estate upon their death. The person who makes the will is known as the testator, and the individual or entity who receives the property is called the devisee. Devisees can include family members, friends, charitable organizations, or any other entity the testator chooses.

The legal requirements for a valid devise are generally the same as for creating a will. This includes having the testator be of sound mind at the time of the will's drafting, the will being free from fraud or undue influence, and adherence to state laws regarding wills, such as witness requirements.

The Term Devise in Different Legal Contexts

While "devise" is primarily associated with the transfer of real property through a will, its principles can intersect with other areas of law, including:

Probate Law: The administration of a deceased person's estate, including the execution of devises, falls under probate law, which oversees the distribution of assets according to the will and state laws.

Property Law: Devises raise various issues in property law, such as the transfer of title and rights associated with real property.

Tax Law: The transfer of property through a devise can have tax implications for the estate and the devisee, subject to estate and inheritance tax laws.

Common Misconceptions About the Meaning of Devise

One common misconception is that a devise only applies to large estates or significant pieces of real property.

In reality, any transfer of real property through a will, regardless of the property's value or size, constitutes a devise.

Another misunderstanding is that the terms "devise," "bequest," and "legacy" are interchangeable.

While they all relate to the distribution of a deceased person's assets, they refer to different types of property: devises are for real property, bequests are for personal property, and legacies are specifically for money left to someone in a will.

Lastly, there's sometimes confusion that a devise automatically overrides other claims or interests in the property.

However, the validity and execution of a devise can be affected by various factors, including existing liens, mortgages on the property, and laws protecting spouses or dependents from disinheritance.

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What Is Devise?

Devise Explained

The Term Devise in Different Legal Contexts

Common Misconceptions About the Meaning of Devise

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