A devisee is a person or entity named in a will to receive real property (land or buildings) bequeathed by the will's creator, known as the testator. This term specifically refers to the beneficiaries of real property, distinguishing them from legatees, who inherit personal property through a will.

Devisee Explained

In estate planning and the legal process of distributing a deceased person's assets, distinguishing between different types of beneficiaries is crucial for understanding their rights and the nature of the assets they are to inherit.

A devisee often becomes part of the legal discussions and proceedings that follow a testator's death, especially if there are disputes about the will's validity, the interpretation of its terms, or the management of the estate.

The rights of a devisee are typically defined by the will itself, but they are also subject to the overarching legal framework governing estate distribution, such as state probate laws.

The Term Devisee in Different Legal Contexts

While the term devisee is rooted in the context of wills and estate planning, its relevance extends to other areas of law, such as real estate transactions and property law, especially when dealing with the transfer of property ownership from a deceased owner.

The distinction between a devisee and other types of beneficiaries can influence legal outcomes in disputes over property ownership, will contests, and the administration of estates.

Common Misconceptions About the Meaning of Devisee

There's a common misunderstanding that a devisee, in the context of a will, can only be an individual person. However, the truth is that a devisee can be not only an individual but also a group of individuals or an entity, such as a charitable organization, provided they are named in the will to receive real property.

Another misconception is that devisees inherit everything left by the testator. In reality, devisees are specifically designated to inherit real property as outlined in the will. Other assets, including money, stocks, or personal items, are inherited by legatees or other beneficiaries according to the terms of the will and the nature of the assets.

Furthermore, there's often confusion between the terms "devisee" and "beneficiary," with some believing they are interchangeable. While it's true that all devisees are beneficiaries, in the sense that they benefit from the provisions of a will, not all beneficiaries are devisees.

The term "beneficiary" encompasses a wider group and refers to anyone who inherits under a will, regardless of the type of asset they receive. In contrast, "devisee" is a more specific term referring exclusively to those who inherit real property.