Estates Blog: Promises made, but not put in the will

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Last summer I hired an associate, Adam Veroni, to add estate planning, wills, and trusts to the services offered by Intrepid Law. This is a nice complement to the business succession planning expertise we have, which can help to ease the transition of your business to the next generation of leaders. Adam has recently started writing on common issues in estates law, and will be focusing on estate planning issues for farms, and persons with disabled children to boot. I’ll be posting links to his articles here as they become available.

His most recent blog:

Promises Made Outside of a Last Will and Testament

Verbal promises made by a deceased prior to his or her death in respect of the inheritance of property, are not testamentary dispositions and the estate trustee is not bound to abide by such promises when distributing the assets of the deceased’s estate. The estate trustee appointed under the will has the responsibility to distribute the estate according directions contained in the will, not according to promises made outside of it.

However, there are limited circumstances where the courts will intervene under their equitable jurisdiction to enforce promises in the name of fairness.

Read the full article here:

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