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Understanding the Younger-Generation Devise: A Legal Overview
Definition & Meaning
A younger-generation devise refers to a provision in a will that designates an alternate beneficiary who is a descendant of the primary beneficiary. For instance, if a will states that property is to be given to person A, but if A does not survive the testator, then the property will go to A's child, person B. In this case, B is the younger-generation devise. This type of devise ensures that the property can still be passed down to the next generation if the primary beneficiary is unable to inherit.
Table of content
Legal Use & context
Younger-generation devises are commonly used in estate planning and probate law. They are important for ensuring that assets are distributed according to the testator's wishes, even if the primary beneficiary is deceased. This term is relevant in civil law, particularly in areas related to wills, trusts, and estates. Users can manage these matters themselves using legal templates provided by services like US Legal Forms, which offer ready-to-use documents drafted by attorneys.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: A testator bequeaths their home to their daughter, but includes a clause stating that if the daughter predeceases them, the home will go to the daughter's son. In this scenario, the grandson is the younger-generation devise.
Example 2: A will states that a family business is to be passed to a son, but if he does not survive the testator, it will be passed to the son's daughter. Here, the granddaughter is the younger-generation devise. (hypothetical example)
State-by-state differences
State
Variation
California
Allows for specific language in wills to clarify younger-generation devises.
New York
Requires explicit mention of alternate beneficiaries to avoid disputes.
This is not a complete list. State laws vary and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Difference
Alternate Devise
A provision in a will that designates a different beneficiary if the primary beneficiary cannot inherit.
A younger-generation devise specifically refers to a descendant of the primary beneficiary.
Contingent Devise
A devise that depends on a specific condition being met.
A younger-generation devise is a type of contingent devise but focuses on lineage.
Common misunderstandings
What to do if this term applies to you
If you are creating or updating a will and wish to include a younger-generation devise, clearly outline the primary beneficiary and their descendants. Consider using templates from US Legal Forms to ensure your documents are legally sound. If your situation is complex, seeking professional legal assistance may be beneficial.
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