Simple English definitions for legal terms
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A failed devise is a term used in wills and estates law. It refers to a situation where a person has left property to someone in their will, but that person has died before the person making the will. This means that the gift of property has failed, and the property will go to someone else or be distributed according to the laws of intestacy.
For example, if a person makes a will leaving their house to their sister, but the sister dies before the person making the will, the gift of the house will fail. The house will then go to someone else, such as the person's children or spouse, or be distributed according to the laws of intestacy if there is no other provision in the will.
Failed devises are also known as lapsed devises or failed gifts.