Understanding the difference between a legatee and a devisee is crucial for anyone involved in estate planning or interpreting wills. Both terms refer to recipients named in a will, but they differ in the type of property transferred – personal versus real.
Definition of Legatee
A legatee is an individual or entity designated in a will to receive personal property. Personal property, also known as chattel, includes items such as cash, jewelry, stocks, bonds, and other movable assets.
Examples of Legatees
- Example 1: Sarah is named as a legatee in her grandfather’s will to receive his collection of rare stamps.
- Example 2: A charity organization could be named as a legatee to receive a monetary donation.
Definition of Devisee
A devisee is an individual or entity designated in a will to receive real property. Real property encompasses immovable assets such as land, buildings, and homes.
Examples of Devisees
- Example 1: John is named as a devisee in his mother’s will to inherit her vacation home.
- Example 2: An educational institution could be named as a devisee to receive a parcel of land donated for future expansion.
Historical Context
The terms legatee and devisee have their roots in testamentary law:
- Legatee comes from the Latin word legatum, referring to a legacy or gift left in a will.
- Devisee originates from the Old French word deviser, which means to divide or to assign, typically associated with realty.
Applicability in Modern Estates
Practical Considerations
When drafting a will, clear distinctions must be made regarding the types of property bequeathed and the terminology used:
- Personal Property: Items like vehicles, artworks, and heirlooms should be specifically listed to avoid ambiguity.
- Real Property: Explicit descriptions of real estate should be provided to ensure proper transfer and avoid legal disputes.
Legal Documentation
Wills must follow structured legal protocols to ensure the differentiation between legatees and devisees:
- Example Clause for Legatee: “I bequeath my entire collection of paintings to my niece, Emily.”
- Example Clause for Devisee: “I devise my primary residence located at 123 Maple Street to my son, David.”
Comparison Summary
| Term | Type of Property | Nature of Property | Example |
|---|---|---|---|
| Legatee | Personal | Movable | Jewelry, cash, stocks |
| Devisee | Real | Immovable | Land, houses, buildings |
Related Terms
- Testate: Having made a legal will before death.
- Intestate: Dying without a will, resulting in the estate being distributed according to state laws.
- Executor: An individual appointed to administer the estate of a deceased person.
FAQs
What if a will mistakenly designates personal property to a devisee?
Can a person be both a legatee and a devisee in the same will?
References
- Black’s Law Dictionary
- “Wills and Trusts Law” by Tara L. Abbott
- The American Bar Association - Estate Planning Resources
Summary
In conclusion, while both legatees and devisees are recipients named in a will, the fundamental difference lies in the type of property they receive. Legatees inherit personal property, whereas devisees receive real property. Understanding these distinctions is pivotal for effective estate planning and ensuring the accurate transfer of assets according to the testator’s wishes.
