Legal Definitions - devisavit vel non

Devisavit vel non is a historical legal term that refers to a specific type of legal question concerning the validity of a will. In the past, when a will was challenged in a court of equity (known as a "chancery court"), that court would sometimes send the factual question of whether the will was truly valid – literally, "did the person devise (make a will) or not?" – to a court of law. This procedural step allowed a jury in the court of law to decide factual disputes, such as whether the will was forged, or if the person making the will lacked the mental capacity to do so. Essentially, it was a mechanism to determine the authenticity and legal soundness of a contested will.

• Example 1: Questioning Mental Capacity

  After an elderly individual passes away, a will surfaces that was signed just weeks before their death, leaving their entire estate to a new caregiver and disinheriting their long-standing children. The children contest the will, alleging their parent lacked the mental capacity to understand what they were signing at the time. A chancery court, dealing with the fairness and equity of the situation, would historically issue a devisavit vel non to a court of law. A jury in the court of law would then hear evidence from doctors, witnesses, and family members to determine the factual question of whether the parent possessed the necessary mental capacity when the will was executed, thereby deciding if the will was valid ("devisavit") or not ("vel non").

• Example 2: Allegations of Undue Influence

  A wealthy but frail individual executes a new will, drastically altering their previous estate plan to leave a substantial portion of their assets to a new personal assistant who had recently gained significant control over their daily life. Other beneficiaries, who were previously included in earlier wills, challenge this new will, claiming it was made under undue influence. The chancery court, tasked with ensuring the will truly reflected the deceased's wishes, would historically direct the devisavit vel non issue to a court of law. The court of law, often with a jury, would then investigate the factual claims of coercion or manipulation to determine if the will was a genuine expression of the deceased's intent or if it was invalid due to the alleged undue influence.

• Example 3: Suspected Forgery

  Upon a person's death, a will is presented that appears to disinherit all known relatives and leaves the entire estate to a distant acquaintance whom the family had never heard of. The relatives suspect the will is a forgery. In this historical context, a chancery court would issue a devisavit vel non to a court of law. The court of law would then conduct a trial, potentially involving handwriting experts, forensic analysis, and witness testimonies, to determine the factual question of whether the signature on the will was genuine or forged, thereby definitively deciding the will's validity.