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Simple English definitions for legal terms
alternative devise
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A quick definition of alternative devise:
An alternative devise is a special kind of gift that someone can leave in their will. It means that if something specific happens, the gift will go to a different person instead of the original person named in the will. For example, if someone leaves their house to their friend, but their friend dies before them, the house might go to the friend's child instead. Alternative devises are different from regular gifts in a will, which just go to one person no matter what.A more thorough explanation:
An alternative devise is a provision in a will that is designed to displace another devise if certain events occur. It is also known as a secondary devise. For example, a will may state "I leave my house to my son, but if he does not survive me, then to my daughter." In this case, the daughter is the alternative devisee.
Another example of an alternative devise is a younger-generation devise. This is a provision that leaves property to a descendant of the primary devisee if they do not survive the testator. For instance, a will may state "I leave my car to my sister, but if she does not survive me, then to her daughter." Here, the sister is the primary devisee, and her daughter is the younger-generation devisee.
Overall, an alternative devise is a way for a testator to ensure that their property goes to a specific person or group of people, even if the primary devisee is unable to receive it.