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Simple English definitions for legal terms
demonstrative devise
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A quick definition of demonstrative devise:
A demonstrative devise is when someone gives a specific amount of money or property to someone else in their will, but it's only payable from a certain source. If that source doesn't have enough, then it can come from the general assets of the person's estate. It's like saying, "I want you to have this money, but if there's not enough in this account, you can still have it from my other money."A more thorough explanation:
Definition: A demonstrative devise is a type of gift given in a will that is usually a specific amount of money or a certain piece of property. It is primarily payable from a designated source, but if the designated property is insufficient, it may be payable from the estate's general assets.
Example: If a person's will states, "I leave $10,000 to my niece, Jane, from the proceeds of the sale of my car," this is a demonstrative devise. The gift is primarily payable from the sale of the car, but if the car does not sell for enough money, the gift may be paid from the estate's general assets.
This type of gift is different from a pecuniary devise, which is a demonstrative devise consisting of money only.
Explanation: A demonstrative devise is a way for a person to give a specific gift to someone, but with the understanding that the gift may need to be paid from the estate's general assets if the designated source is not enough. This type of gift is useful when a person wants to give a specific gift, but is not sure if there will be enough money or property to cover it. The example given shows how a person can leave a specific amount of money to someone, but only if the sale of a specific item (in this case, a car) generates enough money to cover the gift. If it does not, the gift can still be paid from the estate's general assets.