Understanding “Devise” in Estate Planning, Rancho Cucamonga Estate Planning Insights

• “Devise” means a gift left in a will, often referring to real estate but can include money or personal property.
• There are four main types of devises: general, specific, demonstrative, and residuary.
• A general devise is a non-specific gift (e.g., $10,000 from any funds).
• A specific devise names an exact asset (e.g., your car or a property).
• A demonstrative devise comes from a particular source (e.g., $10,000 from a certain bank account).
• A residuary devise includes what’s left after debts, expenses, and other gifts.
• Updating your will ensures your gifts remain valid and your loved ones are cared for.

What Does “Devise” Mean in Estate Planning?

When you start thinking about creating an estate plan, you may come across legal terms that sound unfamiliar. One that often causes confusion is devise.

It sounds like device, but rest assured, your estate plan has nothing to do with electronics. In estate planning, a devise traditionally referred to a gift of real estate made through a will. Over time, it has become a broader term describing any gift of real estate, money, or personal property left to someone through a will.

Whether you see the word devise or bequest, both essentially mean a planned gift that reflects your wishes for the people you love.

Types of Devises in Rancho Cucamonga Estate Planning

General Devise

A general devise is a gift not tied to a specific asset. For example, if you leave your niece $10,000, that amount can come from any available funds in your estate.

Specific Devise

A specific devise involves a clearly identified item—such as a car, a particular piece of jewelry, or a certain property. The gift must come from that exact asset. If it is sold or destroyed before your passing, the gift is considered adeemed, meaning it is canceled.

Demonstrative Devise

This combines aspects of both general and specific gifts. For example, you might leave someone $10,000 from your Wells Fargo savings account.

Residuary Devise

This type covers everything left in your estate after all other gifts, expenses, and taxes have been settled. Many wills include a residuary clause to ensure that nothing is left unaccounted for and that your remaining property goes where you intend.

Why the Type of Devise Matters

The type of devise you choose can have real consequences. For instance, if a specifically gifted item no longer exists when you pass away, the gift is said to be adeemed, meaning it is no longer valid.

That is why careful planning and regular updates to your will are so important. At Heather Lynn Law, we help Rancho Cucamonga residents create clear and thoughtful estate plans that reflect true intentions and protect loved ones from unnecessary stress.

If it has been a few years since you last reviewed your estate plan—or if your life circumstances have changed—it may be time for an update.

Plan Your Legacy in Rancho Cucamonga

At Heather Lynn Law, we guide families through every step of the estate planning process. Whether you need help with trusts, wills, or updating existing documents, we are here to help you protect what matters most.

Frequently Asked Questions (FAQ)

1. What is the difference between a devise and a bequest?
They are essentially the same—both refer to gifts made in a will. Devise traditionally applied to real estate, while bequest applied to personal property.

2. What happens if I sell a specifically gifted item before I pass away?
That gift is considered adeemed, which means it is canceled because the asset no longer exists in your estate.

3. Can I change the type of devise after I create my will?
Yes. You can update your will anytime to adjust or clarify the type of gifts you want to leave.

4. How often should I update my will?
Review it every 3–5 years, or after major life changes such as marriage, divorce, new children, or acquiring significant assets.

5. Do I need a lawyer to set up a will in California?
While not required by law, working with an experienced estate planning attorney ensures your documents comply with California’s legal standards and truly reflect your wishes.