Paralegal Advanced Competency Exam (PACE) Practice Exam

What does the term "devise" refer to in legal documentation?

1. The act of gifting cash

2. The transfer of real property by will

3. A summary of claims

4. Legal adoption processes

The correct answer is: The transfer of real property by will

The term "devise" specifically refers to the transfer of real property through a will. In legal terminology, when someone devises property, they are indicating their intention to pass ownership of that property to another person or entity after their death. This is a crucial concept in estate planning and probate law, as it determines how real estate is distributed among heirs or beneficiaries according to the decedent's wishes expressed in their will. In contrast, the other options relate to different legal concepts. Gifting cash does not involve real property; instead, it pertains to the transfer of funds. A summary of claims refers to a brief outline of asserted rights or demands and is not specific to the transfer of property. Legal adoption processes involve the establishment of a legal parent-child relationship and are unrelated to the transfer of property through a will. Thus, understanding that "devise" is specifically tied to real property in the context of wills clarifies why the correct answer is focused on this aspect of legal documentation.