Bequeath
Definition and meaning of Bequeath in real estate.
To bequeath is the act of leaving personal property, such as jewelry, cash, or stock, to an heir through a last will and testament. In strict legal terms, this differs from devising, which refers to leaving real property like land and houses.
In more detail
Although laypersons often use the word to describe leaving any asset behind, the distinction between bequeathing personal property and devising real property is important in estate law. When a property owner drafts a will, they must clearly identify which items are being bequeathed and which parcels of land are being devised.
This clarity prevents legal disputes among surviving relatives during the probate process. Real estate agents and investors should understand these terms when dealing with properties that are sold by estates or executors.
Key facts
| Category | Legal, Titles & Closing |
|---|---|
| Applies to | Personal property such as cash, vehicles, and heirlooms |
| Legal distinction | Different from devising, which applies to real property |
| Instrument used | Last will and testament |
In her will, a grandmother chooses to bequeath her antique furniture to her son, while she devises her family home to her daughter.
Frequently asked questions
Can you bequeath real estate?
Strictly speaking in legal terminology, you devise real estate and bequeath personal property, although modern wills sometimes use the terms interchangeably without invalidating the gift.
What happens if a bequeathed item is sold before the owner dies?
If the specific item is no longer owned by the deceased at the time of death, the gift typically fails, and the beneficiary does not receive a replacement.
Related terms
Sources & references
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