Contractual Bequest In A Will.

Written by Robert Ray

Robert Ray handles inheritance disputes of all kinds. He takes cases throughout Texas.

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.

 

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Robert Ray

Board Certified, Personal Injury Trial Law — Texas Board of Legal Specialization. We handle cases all across Texas. Our principal office is in Lantana, Texas (DFW area).

Robert Ray is a Texas attorney who handles inheritance disputes

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Inheritance disputes involve someone who has taken advantage of the elderly. These cases are complicated and most often, but not always, involve outsiders. We represent you knowing that these inheritance disputes are private and painful family matters. We know this is a stressful time for you. We strive to obtain the quickest and best results possible so that you can get this troubling episode behind you.

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