Devise Definition and Legal Meaning

On this page, you'll find the legal definition and meaning of Devise, written in plain English, along with examples of how it is used.

What is Devise?

1\) v. Providing real property in a will. This old-fashioned word is distinguished from words that mean providing personal property. 2) n. Gift of real property by will.

History and Meaning of Devise

The term "devise" refers to the act of giving real property as a gift through a will. It is important to note that this term only applies to real property, and not to personal property such as money or furniture. The word "devise" is an old-fashioned term that is still used today in legal contexts.

The concept of devising property through a will has been around for centuries, dating back to medieval times. In England, the law of devises developed as a way for landowners to transfer their property to their heirs after death. This system allowed for more flexibility in estate planning and was often used to ensure that property would remain within a family for generations.

Today, the concept of devising property remains an important part of estate planning. By including a clause in their will, an individual can ensure that their real property is passed on to their chosen beneficiaries upon their death.

Examples of Devise

  1. John's will instructed that his house be devised to his daughter, Jane.
  2. The wealthy businessman planned to devise his entire estate to his favorite charity.
  3. In her will, Susan devised her family's vacation home to her youngest son.
  4. The lawyer advised his client to consider devising her property through a trust instead of a will.
  5. The court upheld the devise clause in the will, transferring ownership of the property to the named beneficiary.

Legal Terms Similar to Devise

  • Bequest: A gift of personal property through a will.
  • Inheritance: The act of receiving property or assets from a deceased person.
  • Legacy: A gift of property in a will, typically used to refer to personal property.
  • Trust: A legal arrangement in which a trustee holds property on behalf of a beneficiary.