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Simple English definitions for legal terms
give, devise, and bequeath
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A quick definition of give, devise, and bequeath:
Give, devise, and bequeath means to transfer property by will. This is when someone decides who will get their things after they die. It's like making a list of who gets what. Give is usually enough to say instead of using all three words.
- Bequest: Giving property by will
- Charitable Bequest: Giving property to a charity
- Conditional Bequest: Giving property with a condition, like "until she remarries"
- Demonstrative Bequest: Giving property from a specific source, like a stock fund
- General Bequest: Giving a general benefit, like money or stocks
- Pecuniary Bequest: Giving money
- Residuary Bequest: Giving what's left of the estate after debts and other gifts are paid
- Specific Bequest: Giving a specific item, like a piece of furniture or real estate
A more thorough explanation:
Definition: To transfer property by will.
The phrase "give, devise, and bequeath" is often used in legal documents to indicate the transfer of property through a will. However, this wording has been criticized as redundant, and in modern usage, "give" is often sufficient.
For example, a person might write in their will, "I give, devise, and bequeath all the rest, residue, and remainder of my estate to my beloved daughter Sarah." This means that the person is transferring all of their remaining property to their daughter through their will.
Other terms related to bequests include:
- Bequest: The act of giving property (usually personal property) by will.
- Charitable bequest: A bequest given to a philanthropic organization.
- Conditional bequest: A bequest whose effectiveness or continuation depends on the occurrence or nonoccurrence of a particular event.
- Demonstrative bequest: A bequest that must be paid out of a specific source, such as a stock fund.
- Executory bequest: A bequest of a future, deferred, or contingent interest in personal property.
- General bequest: A bequest of a general benefit, rather than a particular asset, such as a gift of money or a gift of all the testator's stocks.
- Pecuniary bequest: A testamentary gift of money; a legacy.
- Residuary bequest: A bequest of the remainder of the testator's estate, after the payment of the debts, legacies, and specific bequests.
- Specific bequest: A bequest of a specific or unique item of property, such as any real estate or a particular piece of furniture.
For example, a person might write in their will, "I leave my antique grandfather clock to my son John as a specific bequest." This means that the person is leaving a specific item of property, the grandfather clock, to their son through their will.