A specific devise is a legal term referring to a provision in a will that transfers a particular piece of real estate to designated individuals. This type of devise clearly identifies the property in question and specifies the recipients. It can involve a whole property or a portion of it, as well as the testator's rights, title, and interest in the specified real estate.
Specific devises are commonly utilized in estate planning and probate law. They ensure that certain properties are passed on to intended beneficiaries as outlined by the testator in their will. This term is relevant in various legal areas, including:
Users can manage the creation of a specific devise through legal templates offered by US Legal Forms, which are drafted by experienced attorneys.
Here are a couple of examples of abatement:
Example 1: A testator includes in their will, "I devise my house at 123 Main Street to my daughter, Jane Doe." This is a specific devise as it identifies both the property and the beneficiary.
Example 2: A will states, "I bequeath my 50% interest in the family farm to my brother, John Doe." This is also a specific devise, as it details the property interest and the recipient. (hypothetical example)
Examples of state differences (not exhaustive):
| State | Specific Considerations |
|---|---|
| California | Allows for oral specific devises under certain conditions. |
| Texas | Requires clear identification of property and beneficiaries. |
| New York | Strict formalities must be followed for a valid specific devise. |
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
| Term | Definition | Key Differences |
|---|---|---|
| General devise | A provision in a will that transfers property without specific identification. | Does not specify the exact property; may refer to a general category. |
| Bequest | A gift of personal property through a will. | Typically refers to personal property, while a specific devise refers to real estate. |
If you are creating or updating a will that includes a specific devise, consider the following steps:
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A specific devise refers to a particular piece of property, while a general devise does not specify the exact property but may refer to a category.