What Is a Devisor?

A devisor is an individual who makes a will or testament, specifically the person who disposes of their real property (real estate) through the terms of the will.

Devisor Explained

A devisor is the person who drafts and executes a will, specifying how their real property should be distributed upon their death. The will outlines the beneficiaries who will receive the property and may include conditions or stipulations for the distribution.

1. Role in Estate Planning: The devisor plays a crucial role in estate planning, ensuring that their real property is allocated according to their wishes. This process involves identifying the property, naming the beneficiaries, and setting out any conditions for the transfer of ownership.

2. Legal Requirements: To be valid, a will must meet certain legal requirements, which can vary by jurisdiction. Typically, the devisor must be of legal age, possess mental capacity, and execute the will in writing, often in the presence of witnesses.

3. Types of Property: While the term "devisor" specifically pertains to real property, the individual making the will can also dispose of personal property (such as money, jewelry, and other belongings) through the same document. However, in legal terminology, the term for someone who disposes of personal property via a will is "testator."

The Term Devisor in Different Legal Contexts

Wills and Probate Law: The devisor's instructions in the will are carried out through the probate process, where a court supervises the distribution of the estate. The executor of the will, often named by the devisor, is responsible for managing the estate, paying debts, and distributing property as directed.

Intestate Succession: If a person dies without a valid will, they are considered to have died intestate. In this case, state laws determine the distribution of their property, which may not align with what the individual would have desired.

Trusts and Estate Planning: While a devisor specifically refers to someone making a will, individuals may also use other estate planning tools, such as trusts, to manage and distribute their property. A trust can provide more control over how and when property is distributed, both during the person's life and after their death.

Common Misconceptions About the Meaning of Devisor

One common misconception is that the term devisor applies to any individual who creates a will. However, it specifically refers to the person disposing of real property through the will. The broader term for anyone making a will, covering both real and personal property, is "testator."

Another misconception is that once a will is written, it cannot be changed. In reality, a devisor can amend their will through codicils or create a new will altogether.

Regular updates are often necessary to reflect changes in the devisor’s circumstances, such as marriage, divorce, the birth of children, or the acquisition or sale of property.

Some people also believe that a will automatically ensures the immediate distribution of property upon death.

The probate process can be lengthy and complex, involving the verification of the will, payment of debts and taxes, and the resolution of any disputes before the property is distributed according to the devisor's wishes.

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What Is a Devisor?

Devisor Explained

The Term Devisor in Different Legal Contexts

Common Misconceptions About the Meaning of Devisor

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