In a will, a primary devise refers to the first person named to receive someone’s belongings. It is the initial beneficiary mentioned. For instance, if an individual states “I bequeath my house to my friend John, but if John does not outlive me, then it passes to my sister,” John is considered the primary devisee as he is the first person named to inherit the house. If John is unable to receive the house, then it goes to the secondary devisee, which is the sister.
A primary devise refers to a gift of property stated in a will that is intended for the first person named as the recipient. This term traditionally applied to gifts of real estate, but in American usage, it has been expanded to encompass any property that is distributed through a will. For instance, if someone writes a will stating that their house is to be inherited by their daughter, but if she does not outlive them, then it goes to their son, the daughter would be the primary devisee and the son would be the secondary or alternative devisee. This example demonstrates how a primary devise involves the gift of property stated in a will for the first named recipient, and how it can include any type of property, not just real estate.
A primary devise refers to the main beneficiary named in a person’s will who will receive the majority of the estate assets.
Yes, a primary devise can be changed by creating a new will or by executing a codicil to the existing will.
If the primary devise predeceases the testator, the assets designated for the primary devise will typically pass to the contingent devisee or alternate beneficiary named in the will.
Yes, a primary devise can be contested if there are valid grounds, such as lack of testamentary capacity, undue influence, fraud, or duress. Contesting a primary devise requires filing a legal challenge in probate court.
Yes, a family member can challenge a primary devise if they believe they were unfairly excluded or if they have evidence of undue influence or fraud. However, they must have legal standing and valid grounds to contest the primary devise.
Yes, a primary devise can be revoked by the testator at any time before their death by executing a new will or a revocation document.
Yes, a primary devise can be conditional, meaning that the beneficiary must fulfill certain requirements or conditions specified in the will to receive the assets.
Yes, a primary devise can be a minor. However, in most jurisdictions, a minor cannot directly inherit property, so a guardian or trustee will be appointed to manage the assets until the minor reaches the age of majority.
Yes, a primary devise can be a charity or organisation. Many individuals choose to leave a significant portion of their estate to charitable organisations through their primary devise.
No, a primary devise cannot be changed after the testator’s death. Once the testator passes away, the distribution of assets according to the primary devise becomes final, unless successfully contested in probate court.
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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