Define: First Devisee

First Devisee
First Devisee
Quick Summary of First Devisee

Definition:

First Devisee refers to the individual designated in a will to inherit a particular property or estate. The deviser or devisor, who is the author of the will, selects this person to receive their property upon their death. The first devisee is the primary recipient of the property, while the subsequent devisee receives the remaining portion of the estate. The residuary devisee is the individual entitled to any remaining assets after the distribution of all other devises.

Full Definition Of First Devisee

The initial recipient of an estate as specified in a will is known as the first devisee. A devisee is an individual who inherits property through a will. For instance, John’s will stipulates that his daughter, Sarah, is the first devisee of his house. This implies that Sarah is the primary beneficiary of the house according to the will. In other words, John has designated Sarah as the first person to receive his house after his death, granting her priority over any other devisees or heirs.

First Devisee FAQ'S

A first devisee refers to the person who is named as the primary beneficiary in a will to receive a specific property or asset.

A first devisee is specifically designated to receive a particular property or asset, while other beneficiaries may receive different assets or a share of the remaining estate.

Yes, a first devisee can be changed if the testator (the person creating the will) amends or revokes the will before their death.

If the first devisee dies before the testator, the property or asset designated for them will typically pass to a contingent beneficiary named in the will or be distributed according to the residuary clause.

Yes, a first devisee has the right to refuse the property or asset designated to them. In such cases, it may pass to a contingent beneficiary or be distributed according to the residuary clause.

Yes, a first devisee can be challenged in court if there are valid grounds, such as undue influence, lack of capacity, or fraud, to contest the validity of the will or the designation of the first devisee.

Yes, a first devisee has the legal right to sell or transfer the property or asset they receive, unless there are specific restrictions or conditions mentioned in the will.

Yes, a first devisee can be removed from the will if the testator amends or revokes the will before their death, or if a court determines that the first devisee is no longer eligible or suitable to receive the property or asset.

Yes, a first devisee can be a minor, but their ability to manage or control the property or asset may be subject to certain legal restrictions or require the appointment of a guardian or trustee.

If there is no first devisee named in the will, the property or asset may be distributed according to the residuary clause, which designates how the remaining estate should be divided among the beneficiaries.

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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.

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