Also known as: exoneration doctrines · exoneration
Written by attorneys · grounded in primary & secondary sources — see below
A rule of construction in probate law under which a specific devise of property subject to a mortgage or other lien passes to the devisee burdened by that lien. The rule applies unless the will contains an express direction that the estate pay the secured debt from other assets.
Miles died owning a studio lot that secured a production loan. His will devised the lot to Lena and directed that debts related to productions be settled before inheritances. The jurisdiction follows the modern rule. Lena receives the lot with the loan still attached because the will contains no express direction to pay that specific lien from other estate assets.
Carlos devised his dockside warehouse to Lina with language stating it should pass with no financial chains from borrowing. The warehouse secured an unpaid loan from Harbor Finance at his death. The jurisdiction follows the modern rule. Lina takes the warehouse subject to the mortgage because the will supplies no express direction to discharge that particular lien from the estate.
Select any source to read its text and confirm it supports the definition.
No. A general directive to pay debts is treated as boilerplate language that does not single out any secured obligation for payment from other assets. Under the modern rule the devisee therefore takes the property subject to the existing lien.
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Ambiguous or general language does not satisfy the requirement of an express direction to exonerate. The devisee receives the property subject to the lien.
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The devisee bears responsibility. The lien remains attached to the devised property and the estate has no duty to discharge it from general assets.
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