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Devisor: Key Insights into Wills and Property Disposition
Definition & Meaning
A devisor is a person who transfers property through a will, known as a devise. This individual, referred to as a testator, must ensure that the will is properly executed, which typically requires the document to be signed and witnessed by credible individuals. If these requirements are not met, the will may be deemed invalid.
Table of content
Legal Use & context
The term "devisor" is primarily used in estate planning and probate law. It is essential in the context of wills and the distribution of an estate after a person's death. Understanding the role of a devisor is crucial for anyone involved in drafting or contesting a will. Users can utilize legal forms from US Legal Forms to create valid wills and ensure their intentions are clearly documented.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
A 30-year-old individual drafts a will leaving their house to a sibling. They sign the document in the presence of three witnesses, fulfilling the legal requirements for a valid devise.
A married woman in Illinois decides to leave her separate property to her children. She creates a will, ensuring it is properly executed as per state laws. (hypothetical example)
State-by-state differences
Examples of state differences (not exhaustive):
State
Devisor Requirements
Connecticut
Married women can devise property.
Ohio
Married women can devise property.
Illinois
Married women can devise their separate estate.
Louisiana
Married women can devise without husband's consent.
This is not a complete list. State laws vary and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Testator
A person who makes a will.
Devise
The act of transferring property through a will.
Beneficiary
A person who receives property or benefits from a will.
Common misunderstandings
What to do if this term applies to you
If you are considering creating a will, it is important to understand the role of a devisor. You may want to use templates from US Legal Forms to ensure your will is valid and meets all legal requirements. If your situation is complex, consulting a legal professional may be necessary to ensure your wishes are properly documented.
Find the legal form that fits your case
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Typical age to be a devisor: 18 years or older (varies by state).
Number of witnesses required: Usually three or four.
Common disabilities affecting devisors: Infancy, coverture, and mental incapacity.
Key takeaways
Frequently asked questions
A devisor is responsible for creating a will that outlines how their property will be distributed after their death.
No, only individuals who meet legal criteria, such as age and mental capacity, can be devisors.
If a will is not properly executed, it may be considered invalid, and the person's estate may be distributed according to state laws rather than their wishes.