If a nephew is a witness to his uncle's will and later discovers he is a devisee, what is true regarding the devise?

The correct answer is that the devise remains valid regardless of the nephew's witness status. In many jurisdictions, including South Dakota, a beneficiary or devisee can serve as a witness to a will without automatically invalidating their gift under the will. This principle serves to ensure that the wishes of the testator (the person who made the will) are honored even if a beneficiary happened to witness the signing of the will.

The rationale is based on the belief that the intent of the testator should prevail and that the presence of the witness should not retroactively affect the validity of the will or the bequests made within it. In practical terms, this means that as long as the will was executed properly and follows the legal requirements, the gift to the nephew remains effective, allowing him to inherit as intended by his uncle.

This allowance supports the legal principle that witnessing a will does not impose a conflict of interest strong enough to nullify the testamentary intent expressed by the testator. Thus, the nephew's role as a witness does not diminish his rights as a devisee under the will.