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Keywords

contractattorneyprobate

contractattorneytestimonyprobatewill

Related Cases

Geddings v. Geddings, 319 S.C. 213, 460 S.E.2d 376

Facts

Pinkie Geddings and her husband were married in 1979 and both had children from previous marriages. In 1988, Mrs. Geddings signed a waiver agreement presented by her husband, which stated that they had made full disclosures of their assets and intended for their estates to benefit their respective children. However, the probate court found that Mrs. Geddings had no real knowledge of her husband's total assets, and the attorney who prepared the waiver did not discuss the assets with her. Additionally, she was excluded from meetings where her husband discussed financial matters with his children.

In 1988 Mrs. Geddings signed a document presented to her by her husband titled “Waiver of Right to Elect and of Other Rights.” In summary the document acknowledged that each had made a will; each desired that the bulk of his/her property go to his/her children by previous marriages; each disclaimed interest in the spouse's estate except as provided in the will admitted to probate at the death of the other spouse; and each had made a full, fair and complete disclosure to each other of all presently-owned assets.

Issue

Did Pinkie Geddings waive her right to an elective share of her husband's estate by signing the waiver agreement, given that she did not receive fair disclosure of his assets?

Rule

The right of election of a surviving spouse may be waived by a written contract signed by the party waiving after fair disclosure, as per S.C.Code Ann. § 62–2–204 (1987). Fair disclosure requires that each party must disclose to the other the facts that affect or determine the prospective intestate share of a surviving spouse in the disclosing party's estate.

The right of election of a surviving spouse may be waived by a written contract signed by the party waiving after fair disclosure. S.C.Code Ann. § 62–2–204 (1987).

Analysis

The court analyzed the waiver agreement in light of the requirement for fair disclosure. It found that Mrs. Geddings had no knowledge of her husband's financial situation and that the attorney did not provide her with information about the assets when the waiver was executed. The court emphasized the confidential relationship between spouses and the duty to disclose financial information, concluding that the waiver was invalid due to the lack of fair disclosure.

Both judges found the evidence presented by Mrs. Geddings established she had no real or general knowledge of the total extent of her husband's assets. While Mrs. Geddings had fully disclosed her assets to the decedent, she had no knowledge of the value of husband's estate. The attorney preparing the waiver document testified he did not discuss assets with Mrs. Geddings when it was executed. Mrs. Geddings was excluded from the annual corporate meetings held in her home at Christmas which included only the decedent and his children. There was substantial testimony that decedent was secretive about his financial affairs.

Conclusion

The Supreme Court affirmed the lower courts' decisions, holding that the waiver agreement was void because Mrs. Geddings did not receive the required fair disclosure of her husband's assets.

Accordingly, we AFFIRM.

Who won?

Pinkie Geddings prevailed in the case because the court found that she did not receive fair disclosure of her husband's assets before signing the waiver agreement, rendering the waiver invalid.

Pinkie Geddings prevailed in the case because the court found that she did not receive fair disclosure of her husband's assets before signing the waiver agreement.

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