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A devise is the act of giving real property by will, traditionally referring to real property. [1] A bequest is the act of giving property by will, usually referring to personal property. [2] Today, the two words are often used interchangeably due to their combination in many wills as devise and bequeath, a legal doublet.
This is an accepted version of this page This is the latest accepted revision, reviewed on 19 January 2025. Legal declaration where a person distributes property at death "Last Will" redirects here. For the film, see Last Will (film). This article possibly contains original research. Please improve it by verifying the claims made and adding inline citations. Statements consisting only of ...
Ademption, or ademption by extinction, is a common law doctrine used in the law of wills to determine what happens when property bequeathed under a will is no longer in the testator's estate at the time of the testator's death. [1]
In modern law, the terms inheritance and heir refer exclusively to succession to property by descent from a deceased dying intestate. Takers in property succeeded to under a will are termed generally beneficiaries, and specifically devises for real property, bequests for personal property (except money), or legatees for money.
The rule against perpetuities serves a number of purposes. First, English courts have long recognized that allowing owners to attach long-lasting contingencies to their property harms the ability of future generations to freely buy and sell the property, since few people would be willing to buy property that had unresolved issues regarding its ownership hanging over it.
The property may be subjected to the law of the place where it happens to be at the time of the testator's death. The movable property may be subjected to the law of the domicile. The immovable (including leaseholds) to the law of the place where it is situated, the lex loci rei sitae. England and the United States follow this rule.