Legal Definitions - primary devise

Definition: A primary devise is a gift of property made in a will to the first person named as taker.

For example, if a person writes a will that says "I leave my house to my daughter, but if she does not survive me, then to my son," the daughter is the recipient of the primary devise, and the son is the recipient of the secondary or alternative devise.

This term traditionally referred to gifts of real property, but in American usage, it has been broadened to include any property disposed of in a will.

Example: John writes a will leaving his car to his friend Tom, but if Tom does not survive him, then to his sister Mary. Tom is the recipient of the primary devise, and Mary is the recipient of the secondary or alternative devise.

This example illustrates how a primary devise is a gift of property made in a will to the first person named as taker, and how it can include any property disposed of in a will, not just real property.