New York Provision of Agreement to Devise or Bequeath Property to Person Performing Personal Services

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Multi-State
Control #:
US-0667BG
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Description

A person may enter into a valid agreement by which the person agrees to bequeath or devise property in his or her will to particular persons or for particular purposes.

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FAQ

A bequest is the act of leaving property to a loved one through your Will. An inheritance describes the property itself, as well as the rights an individual has to property after your passing. In other words, a bequest is more about you, and the inheritance is more about your beneficiary on the receiving end.

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.

Applying the archaic legal definitions, the difference between a legatee and a devisee is the kind of property they inherit. A legatee inherits personal property (jewelry, vehicles, cash, etc.) while a devisee inherits real property, such as the family home.

Specific bequest refers to any specific property given to individuals in a will. The key to this phrase is that the property is unmistakable and the intended recipient is also without question. For example, John bequeathed his house at 123 Property Street to his daughter Lela.

A hotchpot clause in a trust document usually requires the value of all the trust's assets, including sums the beneficiaries have already received from that trust, to be added together in order to ensure an equal division between the beneficiaries when the trust comes to an end.

A gift given by means of the will of a decedent of an interest in real property.

A bequest is an act of giving or leaving something through a will. Specifically, a bequest refers to the transfer of personal property, such as money or household goods.

General Bequests For example, you might say something along the lines of I hereby leave $300,000 to my nephew Aaron, rather than I hereby bequeath my primary residence at 4566 Maple Street in New Hampshire, CT to my nephew Aaron. The bequest is paid using the general pool of assets in the estate.

To devise is to dispose of real property by will. A bequest is a gift by will of property other than land. To bequeath is to dispose by will of property other than land.

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New York Provision of Agreement to Devise or Bequeath Property to Person Performing Personal Services