A devise refers to the act of giving away one’s property in a will. While it originally applied only to land, it now encompasses any type of property. The section of the will that discusses the gift is also known as a devise, and the property being given away is also referred to as a devise. If the intended recipient of the gift passes away before the person who made the will, it is considered a failed devise. There are various types of devises, such as those that only pay out under specific circumstances or those that pass on to a designated child if the initial recipient is unable to accept it.
In wills and estates law, a failed devise occurs when a person leaves property to someone in their will, but that person dies before the testator. As a result, the intended gift of property fails and the property will either pass to another beneficiary or be distributed according to the laws of intestacy. For instance, if someone leaves their house to their sister in their will, but the sister passes away before the testator, the gift of the house will be considered failed. In such cases, the house will then be inherited by someone else, such as the testator’s children or spouse, or be distributed according to the laws of intestacy if the will does not provide any alternative provisions. Failed devises are also referred to as lapsed devises or failed gifts.
A failed devise refers to a situation where a legal document, such as a will or trust, is deemed invalid or ineffective due to various reasons, such as improper execution, lack of capacity, or undue influence.
Common reasons for a failed devise include the testator not meeting the legal requirements for executing a valid will, the testator lacking mental capacity at the time of making the devise, or if the devise was obtained through fraud or undue influence.
Yes, a failed devise can be challenged in court by interested parties, such as beneficiaries or heirs, who believe that the devise is invalid. They can file a lawsuit seeking to have the devise declared void or modified.
If a devise is deemed invalid, it will generally be treated as if it never existed. The property or assets that were intended to be devised will be distributed according to the laws of intestacy or any alternate provisions in a valid will or trust.
In some cases, a failed devise can be rectified through legal proceedings. For example, if a will was improperly executed, a court may allow it to be admitted to probate if there is sufficient evidence to prove the testator’s intent.
Yes, a failed devise can be challenged after the testator’s death. Interested parties can file a lawsuit to contest the validity of the devise within the applicable statute of limitations, which varies depending on the jurisdiction.
The burden of proof in a failed devise case typically rests on the party challenging the validity of the devise. They must provide sufficient evidence to convince the court that the devise is invalid.
Yes, parties involved in a failed devise dispute can choose to resolve their differences through mediation or settlement negotiations. This can help avoid lengthy and costly court proceedings.
Yes, if there is evidence to suggest that the testator was coerced or unduly influenced into making a devise, interested parties can challenge its validity in court. They would need to provide evidence to support their claim.
To minimize the risk of a failed devise, it is advisable to consult with an experienced attorney when creating a will or trust. They can ensure that all legal requirements are met and help protect against potential challenges to the validity of the devise.
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: 17th April 2024.
To help you cite our definitions in your bibliography, here is the proper citation layout for the three major formatting styles, with all of the relevant information filled in.
- Page URL:https://dlssolicitors.com/define/failed-devise/
- Modern Language Association (MLA):Failed Devise. dlssolicitors.com. DLS Solicitors. May 09 2024 https://dlssolicitors.com/define/failed-devise/.
- Chicago Manual of Style (CMS):Failed Devise. dlssolicitors.com. DLS Solicitors. https://dlssolicitors.com/define/failed-devise/ (accessed: May 09 2024).
- American Psychological Association (APA):Failed Devise. dlssolicitors.com. Retrieved May 09 2024, from dlssolicitors.com website: https://dlssolicitors.com/define/failed-devise/
Our team of professionals are based in Alderley Edge, Cheshire. We offer clear, specialist legal advice in all matters relating to Family Law, Wills, Trusts, Probate, Lasting Power of Attorney and Court of Protection.
All author posts