Legal Definitions - next devisee

A next devisee refers to the individual or entity named in a will to inherit real property (such as land or buildings) *after* a preceding interest in that same property has terminated. This often occurs when a will grants an initial beneficiary a temporary or conditional right to the property, and then specifies who will receive full ownership once that initial interest concludes.

• Example 1: Life Estate

  Amelia's will stipulates that her lakeside cabin will be given to her brother, Ben, for the duration of Ben's lifetime. After Ben passes away, the will directs that the cabin should then go to Amelia's niece, Clara, in full ownership.

  Explanation: In this situation, Ben is the initial devisee, holding a "life estate" (the right to use the property for his life). Clara is the next devisee because she is designated to receive full ownership of the cabin *after* Ben's interest (his lifetime use) ends.

• Example 2: Conditional Inheritance

  David's will states that his apartment building should be inherited by his son, Ethan. However, the will also includes a provision that if Ethan does not survive David by at least 30 days, then the apartment building should instead go to David's daughter, Fiona.

  Explanation: Ethan is the primary devisee. Fiona is the next devisee because she is named to receive the property *if* the condition for Ethan's inheritance is not met (i.e., if Ethan does not survive David for the specified period). Her right to the property is contingent on Ethan's interest failing.