Have you and a spouse agreed to mutual wills? Are you obligated to follow through per the terms of the contract? Is the West Palm Beach probate court going to enforce that contract? Check out this case out of the Supreme Court of Indiana to learn more about mutual wills.
Mutual Wills
- A mutual will is an agreement usually between spouses that they will have identical or synergistic wills.
- What does that mean in West Palm Beach?
- These are very common in second or third marriages where both spouses have prior children.
- For example often these wills have identical allotments for West Palm Beach stepchildren.
- When one spouse dies are these promises enforceable?
- In other words is it impossible for a spouse to revise their will after the other spouse dies?
- What if there are changes in circumstances that were unforeseen?
- Experienced Palm Beach probate litigators know that often a court will enforce these agreements through something known as a constructive trust.
- Do you know what that means?
- The court will hold that the legal owner is holding the property in trust for the rightful owner, and an order a conveyance accordingly.
- Do you know which court to file your grievance in when you have issues with mutual wills?
- It is technically a breach of contract.
- Check out this case out of the Supreme Court of Indiana that was filed on August 4, 2015.
Markey v. Estate of Markey
- In this action, a stepson brought an action against his stepmother’s estate to enforce the terms of a contract between the woman and his father.
- There was an agreement that required the step mother to have a mutual will with her late husband.
- The trial court found for the personal representative of the estate but the stepson appealed.
- On appeal the court found that there was a viable claim based on the breach of the contract in probate court.
- Do you know someone who has a promise to create a mutual will?
Want to learn more?
Check out the entire case by clicking here.