Devise Law & Legal Definition


In probate law, devise means to pass something to another under a will. Devise means to give or direct the disposal of by testament. The person or entity to whom it is given is called a devisee.

In order to be shown to have testamentary capacity, or a sound intent, when making a devise, the person making a will (testator) must act with a clear mind, recognizing who they are able to leave their property to and not acting under undue influence. Laws governing requirements for making a proper devise in a will vary by state, so local law should be consulted for specific requirements.