The terms “give, devise, and bequeath” refer to the transfer of property through a will. This is when an individual decides who will receive their belongings after their death. It is similar to creating a list of beneficiaries. In most cases, using the term “give” is sufficient instead of using all three words. A bequest refers to the act of giving property through a will. A charitable bequest involves giving property to a charity. A conditional bequest involves giving property with a specific condition, such as “until she remarries.” A demonstrative bequest involves giving property from a specific source, such as a stock fund. A general bequest involves giving a general benefit, such as money or stocks. A pecuniary bequest involves giving money. A residuary bequest involves giving what remains of the estate after debts and other gifts have been paid. A specific bequest involves giving a specific item, such as a piece of furniture or real estate.
The phrase “give, devise, and bequeath” is commonly used in legal documents to indicate the transfer of property through a will. However, it has been criticized as redundant, and in modern usage, “give” is often sufficient. For instance, a person may 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 organisation.
– Conditional bequest: A bequest whose effectiveness or continuation depends on a specific 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, such as a gift of money or 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 debts, legacies, and specific bequests.
– Specific bequest: A bequest of a specific or unique item of property, such as real estate or a particular piece of furniture. For example, a person may 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.
Giving refers to transferring property during one’s lifetime, while devising and bequeathing refer to transferring property through a will after death. Devise is specifically used for real estate, while bequeath is used for personal property.
Generally, yes. However, there may be certain legal restrictions or limitations, such as spousal rights or laws regarding inheritance for minor children.
No, you can also use other legal instruments like trusts or beneficiary designations to transfer property. However, a will is a common and effective way to ensure your wishes are carried out.
In most cases, once property has been legally transferred, it cannot be revoked or changed without the recipient’s consent. It is important to carefully consider your decisions before making them final.
No, you can only transfer property that you currently own. However, you can include provisions in your will to cover future acquisitions or specify how certain property should be distributed.
Yes, you can choose to leave property to charitable organisations or other entities in your will. It is advisable to consult with an attorney to ensure your intentions are properly documented and legally enforceable.
While pets cannot legally own property, you can make arrangements for their care and well-being by leaving instructions and funds to a trusted individual or organisation in your will.
Yes, you have the freedom to leave property to anyone you choose, regardless of their familial relationship to you. However, it is important to consider potential legal challenges or disputes that may arise from such decisions.
Yes, you can leave property to a minor, but it may be subject to certain legal restrictions. In such cases, it is advisable to establish a trust or designate a guardian to manage the property until the minor reaches a certain age.
The tax implications of giving, devising, or bequeathing property can vary depending on the jurisdiction and the value of the property. It is recommended to consult with a tax professional or attorney to understand the potential tax consequences and explore any available exemptions or deductions.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 16th April 2024.
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