The next devisee is the person named in a will to receive property after the first devisee. The first devisee is the initial person named in the will. The next devisee typically receives the remaining property in the estate. Another person named in a will is the residuary devisee, who receives any property not specifically given to someone else. The person who writes a will is the deviser, and the person who receives property through a will is the devisee.
The next devisee is the individual who inherits the remainder of an estate in tail after the first devisee, who receives the property for a limited time. For example, John’s son and Mary’s granddaughter are the next devisees in their respective wills, receiving the estate after the initial lifetime beneficiary.
A next devisee refers to a person who is designated to receive property or assets under a will after the death of the testator (the person who made the will).
While both terms are often used interchangeably, a next devisee specifically refers to someone who is named to receive property or assets through a will, whereas a beneficiary can also include individuals who receive assets through other means, such as life insurance policies or trusts.
Yes, a testator has the right to modify their will at any time, including changing the next devisee. This can be done through a codicil (an amendment to the will) or by creating an entirely new will.
If the next devisee passes away before the testator, their share of the property or assets will typically be distributed according to the residuary clause in the will or, if none exists, according to the laws of intestacy.
Yes, a next devisee has the right to refuse their inheritance. This is known as “disclaiming” the inheritance. In such cases, the property or assets will be distributed as if the next devisee had predeceased the testator.
Yes, a next devisee can challenge the validity of the will if they believe it was not executed properly, the testator lacked testamentary capacity, or if there is evidence of undue influence or fraud. However, they must have legal standing and valid grounds to contest the will.
Yes, a next devisee can be a minor. However, their inheritance may be subject to certain restrictions or held in trust until they reach the age of majority, depending on the laws of the jurisdiction.
No, a next devisee cannot be changed through a power of attorney. Only the testator themselves can modify their will or designate a new next devisee.
Yes, a next devisee can be a non-relative or a charitable organisation. The testator has the freedom to choose whomever they wish to designate as their next devisee, as long as it is legally permissible.
Yes, a testator has the right to remove a next devisee from their will at any time. This can be done by creating a new will or a codicil that specifically revokes the previous designation.
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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