Specific devise

A specific devise" is a testamentary disposition of real property, such as "I leave Blackacre to John Smith". A gift of a specific item of personal property is called a "specific bequest." Ownership of specifically devised property passes at death, subject to being available for claims if there are no other estate assets. Ownership of specifically bequeathed property does not pass to the beneficiary until it is distributed to him or her. Source: 44 years as a trusts and estates lawyer.


A specific devise is a devise of a certain piece of real estate to a certain person or persons. It is like a specific legacy, but is limited (by the word "devise") to real estate.

Furthermore, the testator intends for that very particular item and only that item to satisfy the devise. For example, a specific devise would be "My 1959 Gold Rolex."

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