Also known as: devys · devied · devying · devise
Written by attorneys · grounded in primary & secondary sources — see below
A testamentary act by which a person manifests an intent to create one or more interests in property that takes effect upon death.
Denise Donovan owned a house with her spouse as tenants by the entirety. While divorce proceedings were pending she executed a will attempting to leave her interest in the house to a friend. Denise died before the divorce was final. Title to the house passed by operation of law to the surviving spouse rather than under the will.
Darrell Duncan executed a will that devised his residuary estate to the trustee of a revocable trust he had created during life. The trust was identified in the will and its terms were set forth in a separate written instrument. The devise was valid even though the trust was amendable and revocable.
Select any source to read its text and confirm it supports the definition.
Deborah Dunn's will specifically devised her vacation condo to a charitable foundation. Unpaid property taxes created a lien before her death. After death the city sold the condo at a tax sale to a buyer who recorded a tax deed. The buyer obtained title by operation of law superior to the foundation's interest under the will.
Daniel Diaz's will described a lot he did not own. Extrinsic evidence showed the description closely matched a different lot he actually owned and revealed his intent. The court construed the will to pass the intended lot rather than allow the gift to fail.
Darius Dixon's will devised $100,000 to his daughter. During life Darius gave her $40,000 and executed a contemporaneous writing stating the gift was in partial satisfaction of the devise. The daughter acknowledged the writing. The lifetime gift was treated as a partial satisfaction reducing the amount due under the will.
Dylan Duffy's will specifically devised a duplex to a friend. The duplex was subject to a mortgage at death. The will contained only a general direction to pay debts. The friend took the duplex subject to the mortgage without exoneration from other estate assets.
No. Property held as tenants by the entirety or in joint tenancy with right of survivorship passes by operation of law to the surviving joint tenant. A will cannot dispose of such nonprobate property even if divorce proceedings are pending.
A will may devise property to the trustee of a trust established during the testator's lifetime or at death if the trust is identified in the will and its terms are set forth in a written instrument. The devise remains valid even if the trust is revocable or later amended.
A lifetime gift is treated as satisfaction of a devise only if the will provides for deduction, the testator declared in a contemporaneous writing that the gift satisfies the devise, or the devisee acknowledged the same in writing.
A tax sale transfers title by operation of law and can extinguish a specific devise when the lien predates death. The buyer at the tax sale obtains superior title even if the sale occurs during probate.
A latent ambiguity in the description of devised property may be cured by extrinsic evidence showing the testator intended a different but closely matching parcel actually owned.
No. A specific devise passes subject to any mortgage existing at death without exoneration unless the will expressly directs payment of the lien from other estate assets.
…magic about the writ [of attachment] which should make it the exclusive remedy. The same legislative power which devised it can devise some other, and declare that it shall have the same force and effect. The particular means to be used are always within the control of the legislature, so that the end be not beyond the…