Legal Definitions - alternative devise

An alternative devise refers to a backup gift of real estate (such as land or a house) specified in a will. It comes into effect only if the primary gift of that real estate, known simply as a "devise," cannot be fulfilled for a specific reason. This ensures that the testator's (the person making the will) wishes regarding their property are carried out even if unforeseen circumstances prevent the original plan.

Here are some examples illustrating an alternative devise:

• Example 1: Beneficiary Predeceases Testator

  Maria's will states, "I devise my beachfront condo to my daughter, Sofia. If Sofia does not survive me, then I devise the beachfront condo to my grandson, Leo." In this scenario, the primary devise is to Sofia. However, if Sofia passes away before Maria, the alternative devise to Leo becomes effective, ensuring the condo still goes to a family member as Maria intended.

• Example 2: Property No Longer Owned

  David's will includes the provision, "I devise my ranch property in Montana to my nephew, Ethan. If I no longer own the Montana ranch at the time of my death, then I devise my vacation cabin in Colorado to Ethan instead." Here, the primary devise is the Montana ranch. If David sells the ranch before he dies, the alternative devise of the Colorado cabin ensures Ethan still receives a significant property gift from David's estate.

• Example 3: Conditional Devise Not Met

  Sarah's will specifies, "I devise my family farm to my son, Michael, provided he has completed his agricultural degree by the time of my death. If Michael has not completed his agricultural degree, then I devise the family farm to my niece, Emily." The primary devise to Michael is conditional. If Michael does not meet this condition, the alternative devise to Emily ensures the farm passes to another family member who might be better suited or prepared to manage it according to Sarah's wishes.