Agreements Affecting Disposition of Property: Will Contracts Flashcards
In PA, a contract to make a will, not to revoke a will, or to die intestate can only be shown if (one of three)
The terms are in the will itself;
The terms are set out in a separate writing; OR
The will refers to the contract and extrinsic evidence proves its terms.
Does the existence of mutual wills (i.e., reciprocal wills) imply a contract not to revoke them?
No.
T orally agreed with her valet Sydney that she would devise her home to him if he would forgo any weekly salary and remain in T’s employ as long as she lived. Sydney fulfilled his commitment, but T never inserted a provision in her will for his benefit.
What are Sydney’s rights?
Since unwritten, Sydney has no recourse under the will. He must sue in quantum merit to get the value of his services. He cannot et the home.
T executed a written agreement with her valet Sydney that she would devise her home to him if he would forgo any weekly salary and remain in T’s employ as long as she lived. Sydney fulfilled his commitment, but T never inserted a provision in her will for his benefit.
What are Sydney’s rights?
Sydney can request the court impose a constructive trust on the home and deliver it to him.
