In the current social and legal climate, proving and executing the wills of individuals is extremely complex and the subject of much litigation. That is so, even when all of the terms and wishes of the maker of the will are on the face of the document itself. As far as the law is concerned, mayhem then ensues when there is a promise or other term that is asserted by another party, and that term or promise is not on the document itself. We recommend contacting a wills lawyer when considering making your will or conducting estate planning.
The most obvious example of this is where the wills of two or more people are made in contemplation of each other’s will. Reserved in general for relationships of a domestic nature, this concept has evolved over hundreds of years.
The legal complexity stems from the fact that for a promise to be enforceable, it must meet certain criteria, such as being a valid contract, a promise that has been relied upon to someone’s detriment or a promise enforceable as a result of a statutory provision. So when it comes to a promise between two people about the distribution of their estate, very few of the above conditions can be met.
