Tuesday, October 15, 2013
In the Estate of Brown, 402 S.W.3d 193 (Tenn. 2013), the court found that a Mutual promise not to revoke is deemed sufficient consideration to support contractual wills. A husband and his wife executed mutual wills pursuant to a contract not to revoke. After the husband’s death, his wife executed a new will with terms different from those required by the contract. The court held that the mutual promise not to revoke was sufficient consideration for the contract and affirmed the trial court’s jurisdiction to hear the case, stating that there are three ways to enforce a claim under a contractual will. The three ways are: by a claim against the decedent’s estate, by a will contest, and by an action for specific performance of the contract.
Special thanks to William LaPiana (Professor of Law, New York Law School) for bringing this case to my attention.