Legal Definitions - primary devise

A devise is a legal term for a gift of real property (such as land, a house, or a building) made through a will. The person receiving the real property is called a devisee.

A primary devise refers to the principal or most significant gift of real property specified in a will. It often serves as the comprehensive "catch-all" provision for all real estate not specifically given to others, or as a default recipient if a specific gift of real property cannot be fulfilled. Essentially, it ensures that all real estate owned by the deceased is accounted for and distributed.

• Example 1: Residuary Real Estate Gift

  A will states: "I give my antique car to my nephew, my valuable coin collection to my niece, and all the rest and residue of my property, including all real estate, to my daughter, Sarah."

  Explanation: In this scenario, the gift to Sarah is the primary devise for real estate. While specific personal property items were given to others, Sarah receives all remaining real estate that wasn't specifically mentioned, making her the comprehensive recipient of the will-maker's real property assets.

• Example 2: Fallback for a Failed Specific Devise

  A will specifies: "I give my mountain cabin to my friend, Lisa. If Lisa predeceases me, or if this gift otherwise fails, then the mountain cabin shall become part of my residuary estate, which I give to my spouse, Michael."

  Explanation: Here, Michael's gift of the residuary estate acts as the primary devise for the mountain cabin *if* the specific gift to Lisa cannot be completed. It serves as the designated default recipient for that particular piece of real estate under certain conditions, ensuring the property is still distributed according to the will-maker's wishes.

• Example 3: Comprehensive Real Estate to a Main Beneficiary

  A will declares: "I give all my personal belongings and bank accounts to my friend, Alex. All my real estate, including my primary residence and a rental property, I give to my niece, Emily."

  Explanation: Emily's gift of "all my real estate" functions as the primary devise because it encompasses all of the will-maker's real property assets. This makes her the principal and comprehensive recipient of the real estate, distinguishing her gift from the specific personal property given to Alex.