Contractual Bequest In A Will.

Robert Ray

Contractual bequest.Contractual Bequest

The Dallas Court of Appeals decided a case in 2013 that involved this contractual bequest in a will: if you “reside with and care for me until my death…” I’ll give you a million dollars. It also had a provision that if the lady failed to perform fully, then the bequest of one million dollars would not take effect.

The decedent’s daughter filed the will for probate. She then asked the judge to declare that the lady to whom the contractual bequest was made was not entitled to the contractual bequests because she failed to comply with the conditions stated in the will, that is, she did not perform her part of the contract.

There was a trial and the jury found that the lady had performed her duties. The daughter appealed but the Dallas court upheld the jury’s verdict. The lady received her one million dollar bequest. So, contractual bequest in wills are valid but both parties need to perform their contractual duties. 424SW3d608.

 

UPDATES

There are new cases all the time that clarify or change the law on inheritance disputes. Keep up-to-date by subscribing to our blog.

'

Subscribe

Recent Posts

The slayer rule doesn’t always apply

Texas Slayer Rule Recent UK case on the Slayer Rule The Texas Slayer Rule is different from other state's and countries' rule but has procedures to accomplish the same end result. See this discussion. The Texas Slayer Rule is a rule that court's use to prevent a...

Challenging a Joint Account

Background When a person dies, his will determines who gets his property. If he doesn't have a will, then the law of descent and distribution determines who gets his property. Pay on Death (POD) and joint accounts with right of survivorship are different. Financial...

Heir property in Texas

Heir property Texas Many people in Texas refer to "heir property." What they mean is the property that goes to the heirs if there is no will. If you are concerned about heir property in Texas, you should contact us to see if we can help.People have many ways to refer...

The Author

Robert Ray

Robert Ray handles inheritance disputes of all kinds. He takes cases throughout Texas.
© Copyright 2022 | All Rights Reserved.

Pin It on Pinterest

Share This