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Devise

National Real Estate Exam glossary · National Real Estate Exam

Definition

A gift of real property made by will. The maker of the will is the testator; one who receives real property under it is a devisee. A gift of personal property by will is a bequest or legacy.

Devise in plain English

A devise is when someone leaves you real estate — land or a building — in their will. The vocabulary just labels who's who: the person who wrote the will is the 'testator,' and the lucky person receiving the property is the 'devisee.' If instead you inherit stuff that isn't land — money, a car, jewelry — that's called a 'bequest' or 'legacy.' So the trick to remember: real estate through a will = devise; everything else through a will = bequest.

Practice Devise

Who is responsible for administering the estate and ensuring the grandchildren receive the property?

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