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Interesting Developments In Inheritance Laws

My practice is limited to trials involving inheritance disputes including will contest, related property disputes and associated torts. To ask privately about a Texas litigation issue involving an inheritance dispute, click the big red button to go to our main site's contact page and ask a question privately.

Contractual Bequest In A Will.

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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We handle litigation involving inheritance disputes. We don't prepare wills. We handle a select few cases on contingency. Don't use a comment to ask a personal question about an inheritance issue because your name and comment will be public. To ask a litigation question and to protect your privacy, click the red button to the right.


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