Legal Definitions - devise

The term devise refers to the act of transferring ownership of real property—which includes land and anything permanently attached to it, such as buildings—to another person or entity through a will. The real property itself that is transferred in this manner is also called a devise.

Here are some examples to illustrate this concept:

• Example 1: An elderly woman, Mrs. Albright, drafts her will to state that her beloved family home, complete with its large backyard, should be given to her niece, Clara. Upon Mrs. Albright's passing, Clara will inherit the house.

  Explanation: This is a devise because Mrs. Albright is using her will to transfer her real property (the house and backyard) to Clara.

• Example 2: A farmer, Mr. Henderson, includes a provision in his will specifying that a 100-acre plot of agricultural land he owns will be transferred to a local university to establish a research farm.

  Explanation: Mr. Henderson's action constitutes a devise, as he is bequeathing real property (the agricultural land) to the university through his will.

• Example 3: A successful entrepreneur, Ms. Davis, writes in her last will and testament that the commercial office building she owns in the city center should go to her business partner, Mr. Lee, to ensure the continuity of their joint venture.

  Explanation: This scenario demonstrates a devise because Ms. Davis is transferring ownership of real property (the commercial office building) to Mr. Lee via her will.