In the past, wills would “devise” land and “bequeath” personal property. This distinction could cause trouble if someone unaware of it used the words incorrectly, or wordiness if they used both unnecessarily. The word “give” does not raise these difficulties.

The Law Commission asks if we need new legislation on interpreting wills. For example, should both “devise” and “bequeath” mean “give” unless a contrary intention appears?

Making a will, Law Commission Consultation paper 231, 13 July 2017, pages 182-183. Consultation (on this and many questions on the law of wills) ends 10 November 2017.

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