DEVISE

Summary

A devise is the legal term for transferring real estate (land and buildings) through a will after someone dies. Unlike 'bequest' which refers to personal property, or 'legacy' which refers to money, 'devise' specifically applies only to real property. The person making the will is called the 'devisor' and the person receiving the real property is called the 'devisee.' This is a fundamental concept in estate planning and property law.

Usage Context

Understanding devises is crucial when studying wills, estate planning, property transfers, and inheritance law. This term appears frequently in probate proceedings and when analyzing how real estate passes from one generation to the next.

Common Confusions

• Confusing devise (real property) with bequest (personal property)
• Thinking a devise can apply to any type of property
• Confusing devisor/devisee with other will-related roles
• Not understanding that devises only take effect after death
• Assuming verbal devises are legally valid