Legal Definitions - failed devise

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Definition of failed devise

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.

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Simple Definition

A devise is when someone gives away their property in their will. It used to only be for land, but now it can be for anything. The part of the will that talks about the gift is also called a devise. The property that is given away is also called a devise. If the person who was supposed to get the gift dies before the person who made the will, then it's called a failed devise. There are different types of devises, like one that only pays out if something specific happens or one that goes to someone's child if the first person can't take it.

fail position | failed gift Read a random term: Takings Clause

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