Define: Devisee

Devisee
Devisee
Quick Summary of Devisee

A devisee refers to a person who is designated to receive property or assets from a deceased person’s estate through a will or trust. The term is commonly used in the context of estate planning and probate law. The devisee is typically named in the will or trust document and is entitled to receive the specified property or assets upon the death of the testator or grantor. The devisee may be a family member, friend, charity, or any other individual or entity chosen by the testator or grantor to inherit their property.

Devisee FAQ'S

A devisee is a person who is designated to receive property or assets through a will.

A devisee specifically refers to someone who receives property or assets through a will, while a beneficiary can refer to someone who receives any type of benefit, including through a trust or insurance policy.

Yes, a testator (the person creating the will) has the right to change the devisee at any time before their death by creating a new will or making a codicil (an amendment to the existing will).

If a devisee dies before the testator, their share of the property or assets will typically pass to their own heirs or beneficiaries, as specified in their own will or according to the laws of intestacy.

Yes, a devisee has the right to refuse the property or assets left to them. This is known as disclaiming the devise. In such cases, the property or assets will pass to the alternate devisee or, if none is named, according to the residuary clause in the will.

Yes, a devisee can challenge the validity of a will if they believe it was not properly executed, the testator lacked testamentary capacity, or if there is evidence of undue influence or fraud. However, the burden of proof lies with the person challenging the will.

Yes, a devisee has the right to sell their share of the property or assets they receive through a will. However, they may need to comply with any restrictions or conditions specified in the will or seek court approval if necessary.

Yes, a testator can remove a devisee from a will by creating a new will or making a codicil. However, it is important to consult with an attorney to ensure the proper legal procedures are followed to avoid potential challenges to the will.

Yes, a minor can be named as a devisee in a will. However, their inheritance may be subject to certain restrictions or held in trust until they reach the age of majority, as determined by state laws.

Yes, a devisee can contest the distribution of assets under a will if they believe it does not accurately reflect the testator’s intentions or if they have valid legal grounds for challenging the will. However, it is advisable to seek legal counsel to understand the potential consequences and likelihood of success in such cases.

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Disclaimer

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: 13th April 2024.

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