What Is Specific Devise?

Specific devise is a term in law used to refer to a type of real property transfer. The purpose of a specific devise is to provide a specific property to a named beneficiary who will receive that property as an inheritance when the owner of the real estate passes away. When the will or trust that contains the devise is probated, the beneficiary’s rights are legally secured.

What Are Specific Devise Rights?

Specific devise rights provide beneficiaries with many privileges, depending on the terms of the grantor’s will or trust. Generally, the recipient has the right to own, use, and control the real estate as they wish for any lawful purpose. This includes the right to transfer title at any time without the restriction or approval of the grantor or other beneficiaries.

Who Receives Specific Devise?

Traditionally, specific devise was used to provide the recipient with an item of real estate that the recipient desires, such as a family home or agricultural land. Now, specific devise can apply to almost any type of real estate asset. This could include commercial leases, investment properties, vacation homes, timeshares, vacation clubs, condos, or any other legally recognized real estate.

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Examples of Specific Devises

A specific devise in a will or trust could include statements such as the following:

• “I give the family home located at 123 Main Street to my daughter Sarah.”
• “I bequeath to my son John the right to occupy unit 507 in the Garden Grove Condominiums.”
• “I convey to my grandson Tommy an interest in the California Dream Vacation Club.”

Related Legal Concepts

Understanding specific devise often goes hand in hand with the broader concept of devise, which encompasses all real property transfers through wills. This type of testamentary gift differs from a specific bequest, which typically involves personal property rather than real estate. Like other estate planning tools, specific devises may require specific performance if disputes arise over the transfer, ensuring the beneficiary receives exactly what was promised in the will.

The Bottom Line

A specific devise allows property owners to transfer particular real estate assets to named beneficiaries through their will, providing clarity and certainty in estate planning. This legal mechanism ensures that cherished family properties or valuable real estate investments pass directly to intended recipients without confusion or dispute. For guidance specific to your situation, always consult a qualified, licensed attorney.