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Can a specific devise be treated as a general devise?


Asked by Jolene Vazquez on Dec 02, 2021 FAQ



Some states allow specific devises to be treated similar to general devises. That is, if a specific gift is adeemed or fails, then the court may allow other assets to be sold so the beneficiary can receive the monetary value of the gift. These statutes are referred to as “anti-ademption laws” and are available in only some jurisdictions or areas.
And,
General Devise Law and Legal Definition. General devise is a devise that passes the testator’s lands without particular enumeration or description of them. It is a devise that is to be distributed from the general assets of an estate and that is not of a particular thing. General devise does not refer to real estate by a specific designation...
One may also ask, In contrast, a general will devise is an item that is payable from the general assets of the estate. Thus, if the testator does not specify how the gift is to be paid, then the recipient will be paid from the general estate funds. The difference between general and specific devises can sometimes be very slight.
Keeping this in consideration,
In contrast, a “general will devise” is an item that is broadly payable from the general assets of the estate. If the testator does not specify how the gift is to be paid, then the recipient will be usually paid from the general estate funds.
Accordingly,
General devises are dealt with differently in this regard. Suppose the testator states that they will transfer $10,000 to their nephew when they die. If the estate cannot cover the general devise of $10,000 upon the person’s death, then the gift will not necessarily fail. In this case, the gift is not adeemed.