Devisavit vel non is a legal phrase denoting “he (or she) devises or not.” It pertains to a matter that is transferred from a chancery court to a court of law for the purpose of ascertaining the legitimacy of a disputed will. This could arise from claims of deceit or the testator’s inability. Essentially, it serves as a means to establish the legal enforceability of a will.
Devisavit vel non was a legal issue that arose in cases of contested wills, used to determine the validity of the will. This issue was transferred from a chancery court to a court of law, where the court would investigate allegations of fraud or testamentary incapacity. For example, if a person’s will was contested on the grounds of mental incapacity, the court would issue a devisavit vel non to determine the validity of the will and make a decision based on the investigation of the claims.
Devisavit Vel Non is a legal term that refers to a legal action to determine the validity of a will.
Devisavit Vel Non is used when there is a dispute or uncertainty about the validity of a will.
Typically, a person with an interest in the estate, such as a beneficiary or heir, can initiate a Devisavit Vel Non action.
Grounds for initiating a Devisavit Vel Non action may include allegations of fraud, undue influence, lack of capacity, or improper execution of the will.
The process for a Devisavit Vel Non action involves filing a petition with the court, providing notice to interested parties, and presenting evidence to support the challenge to the will.
If the court finds the will invalid, it may be set aside and the estate may be distributed according to the laws of intestacy.
Yes, parties involved in a Devisavit Vel Non action may choose to settle the dispute through negotiation or mediation.
The potential outcomes of a Devisavit Vel Non action include the validation of the will, the invalidation of the will, or a settlement agreement between the parties.
The duration of a Devisavit Vel Non action can vary depending on the complexity of the case and the court’s schedule, but it may take several months to resolve.
It is highly recommended to seek the assistance of a qualified estate litigation attorney to navigate the complexities of a Devisavit Vel Non action and ensure your interests are protected.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 25th April 2024.
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