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What is the difference between these two phrases? Traditionally, a devise referred to a gift by will of real property. The beneficiary of a devise is called a devisee. In contrast, a bequest referred to a gift by will of personal property or any other property that is not real property.
A gift of PERSONAL PROPERTY, such as money, stock, bonds, or jewelry, owned by a decedent at the time of death which is directed by the provisions of the decedent's will; a legacy. A bequest is not the same as a devise (a testamentary gift of real property) although the terms are often used interchangeably.
Bequests are assets given in a will or a trust. A bequest might be a specific amount of money or assets, a percentage of those assets, or what is left over after heirs and other obligations are paid from an estate.
In law, we confer on individuals the right to affect what happens once they are dead, and in particular the right to bequeath their property. Moreover, many would argue that such a legal right is grounded in a moral right.
BENEFICIARY - A person named to receive property or other benefits.
Testamentary Gifts Traditionally, a gift of real property in a will is known as a devise. Traditionally, a gift of money in a will is known as a legacy. Traditionally, a gift of personal property other than money in a will is known as a bequest. Today, any gift of personal property may be known as bequest or legacy.
Legacy, also called Bequest, in law, generally a gift of property by will or testament. The term is used to denote the disposition of either personal or real property in the event of death.
1 : to give or leave by will (see will entry 2 sense 1) used especially of personal property a ring bequeathed to her by her grandmother. 2 : to hand down : transmit lessons bequeathed to future generations.
Leaving Your Property Some Other Way Before you list those specific bequests, you will name a beneficiary or beneficiaries to get "everything else" in your estate-- that is, all of the property that is left over after the specific gifts are distributed.
A gift given by means of the will of a decedent of an interest in real property.