Who Is a Legatee?
A legatee is a person who receives a gift of personal property under a will. Traditionally, a gift of personal property in a will was called a "legacy," and the recipient a legatee — as opposed to a devisee, who received a gift of real estate (a "devise"). The legatee is simply a named beneficiary of the will's personal-property gifts.
Legatee, Devisee, and Beneficiary
- Legatee — receives personal property (money, jewelry, a vehicle) under a will
- Devisee — receives real property under a will
- Beneficiary — the broad term for anyone who takes under a will or trust
Florida's Modern Terminology
The Florida Probate Code has largely merged these older distinctions, using "devise" to mean a gift of either real or personal property and "devisee" for the recipient. The word "legatee" still appears in older wills and in everyday usage, but in Florida practice the recipient of a will gift is generally called a devisee or beneficiary. The role is the same: a person entitled to receive what the will leaves them, after valid debts and expenses of the estate are paid.
Related Terms
- Beneficiary — The broad term for a will or trust recipient
- Heir — Who inherits without a will
- Estate — Where legacies are distributed
Barnes Walker Estate Planning
Barnes Walker's estate planning and probate attorneys draft Florida wills and administer estates for beneficiaries and devisees. Request a legal inquiry for assistance.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC