What is the definition of a devise in the context of a will?

In the context of a will, a devise specifically refers to a testamentary disposition of real property. It represents the legal transfer of ownership or an interest in property to a beneficiary upon the death of the person making the will. This term is crucial in estate planning as it delineates how real estate should be distributed after one's passing.

The definition captures the critical aspect of a will as a formal legal document that outlines how a person’s assets and properties, including real estate, are to be allocated. Understanding this term helps individuals clarify their intentions regarding property distribution to ensure that their wishes are carried out effectively.

The significance of other possible interpretations, such as cash gifts or verbal instructions, lies in their distinct legal status. A gift of cash does not pertain to real property and is thus categorized differently within estate planning terminology. Verbal instructions are not legally binding in the same way as written wills, and a living trust is a separate legal entity used for managing and distributing assets during a person's lifetime and after death, differing from a devise in a will.