When planning an estate, it's crucial to understand the terminology used in wills, particularly the terms "devise" and "bequest." While they are often used interchangeably, they have distinct legal meanings.

Devise: Real Property

A "devise" refers specifically to the transfer of real property, such as land or a house, to a beneficiary through a will. If you wish to leave your home to a loved one, this action is legally defined as a devise. The person receiving the real property is known as the "devisee." Devise can also include the transfer of other interests in real estate, like rights or easements, depending on the specifics of the will.

Bequest: Personal Property

In contrast, a "bequest" pertains to the transfer of personal property, which includes items like jewelry, money, or stocks. When someone leaves a piece of jewelry to a friend in their will, this is considered a bequest. The recipient of a bequest is called a "legatee." Bequests are typically related to tangible items but can also cover financial assets.

Importance in Estate Planning

Understanding the difference between a devise and a bequest is essential for precise estate planning. Using the correct term ensures that the will's instructions are clear, reducing the likelihood of disputes among heirs. This distinction also helps in correctly allocating assets according to the deceased's wishes.