Legal Definitions - younger-generation devise

A younger-generation devise refers to a specific type of gift made in a will. To understand it, we first need to understand devise.

A devise is a legal term for a gift of real estate (like land or a house) that is made through a will. The person making the will is called the testator.

Therefore, a younger-generation devise is when a testator leaves real estate in their will to someone who belongs to a generation younger than their own. This typically includes children, grandchildren, nieces, nephews, or even grandnieces and grandnephews.

Here are some examples:

• Example 1: Sarah, a grandmother, writes her will and includes a provision stating, "I give and devise my beach house in Malibu to my granddaughter, Emily."

  Explanation: This is a younger-generation devise because Sarah (the testator) is leaving real estate (the beach house) to Emily, who is her granddaughter and therefore belongs to a younger generation.

• Example 2: Mr. Henderson, who has no children, drafts his will. In it, he specifies, "I devise my family farm to my nephew, Mark."

  Explanation: This illustrates a younger-generation devise because Mr. Henderson is gifting real estate (the farm) to Mark, who is his nephew and thus part of a younger generation.

• Example 3: Maria, a mother, prepares her last will and testament. One clause reads, "I give and devise my primary residence to my son, David."

  Explanation: This is a younger-generation devise because Maria is transferring ownership of her house (real estate) to her son, David, who is in the next generation below her.