Specific Devises
Devise is the term that is used in a will to describe the fact that you are leaving property to someone. The person to whom you devise property is called a devisee. When you make a specific devise, you are describing a piece of property and giving specific instructions to give that property to a named person.
Specific Devise of Tangible Personal Property
Tangible personal property is any property other than real estate that you can feel or touch. Tangible property does not include bank accounts, shares of stock, certificates of deposit, bonds, partnership interests, or any other financial interests. These items are known as intangible personal property.
Even if your will states that the decision of the executor shall be final and binding, someone could file a contest with the probate court, alleging that the executor is breaching his or her duty. It will be tough for that person to win, but it is expensive for your estate to spend money on a lawyer to defend the contest.
Most wills include a separate article telling the executor what to do with your tangible personal property. For example, let's say a will specifies that all of the tangible personal property is to be left to the spouse and, if the spouse is not living, to the children.
The will also states that if the children cannot agree on how to divide the tangible personal property within six months, the executor shall decide how to divide the tangible personal property, and that the decision of the executor is final and binding.
