Devise

A devise is the technical term for a gift of real property — land, a house, or an interest in land — made under a Will. It contrasts with a bequest, which traditionally refers to personal property and money. The beneficiary who receives a devise is sometimes called the devisee.

A devise should clearly identify the property and account for any mortgage, since a charge over the land may pass with it. Example: "I devise my property at 12 Banksia Street, Cairns, to my son Liam." If the testator sells that property before death, the devise generally fails through ademption and Liam receives nothing in its place.