Devise

Definition

A devise is a gift of real property that is transferred to a beneficiary according to the terms outlined in a will. While traditionally confined to real property, modern usage of the term ‘devise’ has expanded to include personal property bequeathed via a will.

Examples

Residential Property Devise: An individual leaves their home to their child in their will, specifying that upon their death, the property will be transferred to the child.
Land Devise: A will may specify that a plot of undeveloped land is to be given to a favorite niece.
Personal Property Devise: An heirloom piece of jewelry bequeathed to a granddaughter, even though this is traditionally termed as a bequest, could be described as a devise in modern terminology.

Frequently Asked Questions

Q1: How is a devise different from a bequest?

A: Traditionally, a devise refers specifically to real property, while a bequest refers to personal property. However, in contemporary usage, devise may encompass both real and personal property.

Q2: Can personal property such as jewelry be described as a devise?

A: Yes, in modern legal terminology, the term devise can also be used to describe personal property gifts made through a will.

Q3: Who can be a beneficiary of a devise?

A: Beneficiaries of a devise can be individuals, organizations, or institutions named in the will.

Q4: What happens if the property is sold before the testator’s death?

A: If the real property intended as a devise is sold before the testator’s death, it is often considered “adeemed,” meaning the devise fails, and the beneficiary receives nothing from that specific gift.

Will: A legal document expressing an individual’s wishes regarding the distribution of their property after death.
Bequest: A gift of personal property by will.
Intestate: Dying without a legal will, resulting in the distribution of assets according to statutory law.
Codicil: An amendment or addition made to an existing will methodically.
Probate: The legal process by which a will is recognized as valid and the executor named therein is granted authority to distribute the estate.

Online References

Suggested Books for Further Studies

Wills, Trusts, and Estates
Author: Robert H. Sitkoff & Jesse Dukeminier
Description: This book offers comprehensive coverage of wills, trusts, and estates law.
The Complete Book of Wills, Estates, and Trusts
Author: Alexander A. Bove Jr.
Description: An encompassing guidebook on all aspects of wills, estate planning, and trusts.
Estate Planning Basics
Author: Denis Clifford
Description: A fundamental guide catering to all necessary basics of estate planning, understanding wills, trusts, and more.

Fundamentals of Devise: Estate Law Basics Quiz

### What is a devise traditionally referred to? - [x] Gifts of real property - [ ] Gifts of personal property - [ ] Gifts of intellectual property - [ ] Gifts of securities > **Explanation:** Traditionally, a devise refers specifically to the gift of real property as per the directives in a will. ### How can the term 'devise' be used in modern legal terminology? - [ ] Only for real property - [ ] Exclusively for business property - [x] For both real and personal property - [ ] Only for commercial real estate > **Explanation:** In contemporary law, 'devise' can encompass both real and personal property. ### If someone leaves their house to their child in their will, what is this called? - [ ] Bequest - [ ] Grant - [x] Devise - [ ] Endowment > **Explanation:** When a house or any real property is left to someone in a will, it is known as a devise. ### What term is used for a gift of personal property by will? - [ ] Devise - [x] Bequest - [ ] Indenture - [ ] Grant > **Explanation:** A bequest refers to the gift of personal property made through a will. ### What legal process validates a will? - [ ] Codicil - [ ] Ademption - [x] Probate - [ ] Contest > **Explanation:** Probate is the legal process by which a deceased person's will is validated, and the executor is granted authority to distribute the estate. ### In estate law, what does "intestate" mean? - [x] Dying without a legal will - [ ] Dying with a disputed will - [ ] Invalid will directives - [ ] Withholding property > **Explanation:** Intestate refers to a situation where a person passes away without leaving a legally enforceable will, resulting in the distribution of their estate according to statutory laws. ### What is a codicil? - [ ] A kind of bequest - [x] An amendment to an existing will - [ ] A formal complaint over a will - [ ] A type of property deed > **Explanation:** A codicil is an amendment or addition to an existing will, altering provisions or adding new instructions. ### When property specified in a will is no longer in the estate at the death of the testator, it is said to be? - [ ] Divvied - [x] Adeemed - [ ] Probated - [ ] Codified > **Explanation:** If the specified property is not part of the estate upon the testator’s death, its devise fails, and it is considered adeemed. ### What institution or entity typically manages the probate process? - [x] Court - [ ] Private estate planner - [ ] Beneficiary’s lawyer - [ ] Bank > **Explanation:** The probate process is typically managed and supervised by a court to ensure lawful administration of the will and estate distribution. ### What is an executor of a will? - [x] The person designated to administer the estate of the deceased - [ ] The person receiving the estate - [ ] The lawyer drafting the will - [ ] A financial consultant > **Explanation:** An executor is an individual appointed to carry out the instructions in a will, managing the estate’s affairs and ensuring proper distribution of assets according to the deceased’s wishes.

Thank you for embarking on this journey through our comprehensive estate law lexicon and tackling our challenging sample exam quiz questions. Keep striving for excellence in your legal knowledge!