2 Ottobre 2024

Legal English – Peter’s Pills – Lesson 79 – Legatee vs Devisee

Legatee vs Devisee

Transcript:

Hello!

In relation to succession in the Common Law system, the terms legatee and devisee are both people who will receive something from a deceased person’s estate (asse ereditario) through the will (testamento) that was left, however (tuttavia) these two terms help us understand exactly what each of them will inherit (erediterà).

A legatee is a person who receives personal property like money or belongings (effetti personali) from a will. In contrast, a devisee is a person who inherits real property (bene immobile) such as land or buildings under a will.

So, we can therefore deduce that legatees will receive legacies (personal property) while devisees will receive devises (real estate).

Devisees can be described as follows:

Specific devisee – This is a person or entity that is named in the will to receive specific real estate that belonged to the deceased – e.g., “My house in Dorset to Sarah”;

Residuary devisee – The residuary devisee is a person or entity that is entitled in the will to receive all of the real property not specifically devised under the will – e.g., “the rest of my real estate to Paul”.

Legatees can be described as follows:

Specific legatee – This is a person or entity who is named to receive personal property under the will – e.g., “My diamond ring to John”;

Residuary legatee – The residuary legatee is a person or entity who is named to receive all of the personal property that was not specifically assigned under the will – e.g., “the rest of my personal belongings to Jane”

When someone dies without a will, we say that they have died intestate. In this case the terms legatees and devisees are not used. The people who are entitled to inherit from a deceased estate because they related are simply called heirs (eredi).

Thank you very much, and see you next time for more Peter’s Pills to improve your legal English.

See more Probate terms in this mini glossary: “Probate Glossary” (.PDF by Superior Court of California).

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