Legal Definitions - give, devise, and bequeath

The phrase give, devise, and bequeath is a traditional legal expression found in a last will and testament. It signifies a person's formal declaration of how their property should be distributed to others after their death.

Historically, each word carried a slightly different meaning:

• Give was a general term for transferring property.
• Devise specifically referred to the transfer of real estate (land and buildings).
• Bequeath specifically referred to the transfer of personal property (such as money, jewelry, furniture, or vehicles).

While modern legal drafting often uses simpler language like "give" or "transfer" to encompass all types of property, this comprehensive phrase is still encountered in older wills or those drafted in a very traditional style. Essentially, it means to legally pass on one's assets through a will.

Here are some examples illustrating its use:

• Example 1: Transferring Real Estate

  A will might state: "I give, devise, and bequeath my vacation cabin located in the Rocky Mountains to my son, Robert."

  Explanation: In this instance, the phrase is used to clearly indicate the transfer of a specific piece of real estate—the vacation cabin—to Robert, fulfilling the testator's (the person making the will) wishes for that particular asset. The word "devise" is particularly relevant here for real property.

• Example 2: Transferring Personal Property

  Another clause in a will could read: "I give, devise, and bequeath my entire collection of rare coins to my niece, Clara."

  Explanation: Here, the phrase is employed to transfer specific personal property—the valuable coin collection—to Clara. While "bequeath" is the most precise term for personal property, the full traditional phrase is used for emphasis and comprehensive coverage.

• Example 3: Transferring the Remainder of an Estate

  A common provision in a will might state: "I give, devise, and bequeath all the rest, residue, and remainder of my estate, both real and personal, wherever situated, to my beloved spouse, Eleanor."

  Explanation: This example demonstrates the phrase being used broadly to transfer all remaining assets—both real estate and personal property—that have not been specifically given to other beneficiaries, to the spouse. It covers the entire remaining portion of the estate, highlighting the comprehensive nature of the phrase.