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Keywords

contractprobatewill

contractwill

Related Cases

Bell v. Brittain, 19 Kan.App.2d 1073, 880 P.2d 289

Facts

Thomas and Ethel Howerton executed a joint and mutual will on September 4, 1985, stating that the surviving spouse would inherit the other's property, and upon the death of the survivor, all property would go to their daughter, Ruby Bell. Ethel died in 1988, and the will was admitted to probate, with most property passing under joint tenancy. Thomas later executed a new will in 1992, which the beneficiaries claimed conflicted with the 1985 will. The district court found the 1985 will to be contractual and enforceable.

On September 4, 1985, Thomas and Ethel Howerton, husband and wife, executed a joint and mutual will. The will stated that it was made 'in consideration of the mutual testamentary provisions herein contained for the benefit of each other.'

Issue

Was the 1985 joint and mutual will executed by Thomas and Ethel Howerton contractual in nature, and did it bind Thomas to its terms after Ethel's death?

Rule

A joint, mutual, and contractual will creates a binding obligation upon the survivor to distribute the estate according to the will's terms, and the intent of the testators can be determined from the will's language without the need for extrinsic evidence.

A joint, mutual, and contractual will creates a binding, enforceable obligation upon the survivor who takes under the will to distribute the survivor's estate in accordance with the terms of the contractual will.

Analysis

The court analyzed the language of the 1985 will, noting that it contained provisions indicating a contractual nature, such as the distribution of property upon the death of the survivor and the consideration for mutual testamentary provisions. The court concluded that the will was unambiguous and contractual, thus binding Thomas to its terms despite his later actions.

A review of all the pertinent factors set forth in Zahradnik leads to the conclusion that the parties intended the will to be joint, mutual, and contractual.

Conclusion

The court affirmed the district court's ruling that the 1985 will was contractual and enforceable, requiring Thomas to adhere to its provisions regarding the distribution of his estate.

Affirmed.

Who won?

The beneficiaries of the 1985 will prevailed because the court upheld the will's contractual nature, affirming that Thomas was bound to its terms.

The court affirmed that the joint and mutual will was indeed contractual, binding Thomas to its terms even after Ethel's death.

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