Get Your Deal in Writing or Suffer the Consequences | Estate Planning Newsletter

In the case of the Millard Kitzmiller v. Roy Kitzmiller, the Court dealt with the issue of whether a father made a contract with one of his sons (Roy) to leave that son the father’s farm if the son would move to the property, take care of the property, and take care of his father for the rest of the father’s life. The Court went through a summary of testimony of a number of witnesses, some of which might support the claim that there was an oral agreement by the father to bequeath the property to one of his sons, and other testimony that was inconsistent with that fact.

The Court ruled that the Roy’s claim that there was a contract to make a Will was not supported by the evidence in the case. Also, the Court held that the alleged oral agreement was too vague to be enforceable, that Roy failed to fulfill his obligations under the so-called agreement, and that the so-called agreement was unenforceable based on the statute of frauds (i.e., it had to be in writing).  

The Court of Appeals pointed out that Tennessee law has rigid requirements to prove a contract to make a Will (in TCA §32-3-107). The evidence did not support a contract to make a Will.

Roy could not produce a Will or writing signed by his father indicating an agreement that the father would write a Will leaving the farm to Roy. Therefore, the Court concluded that Roy was not entitled to relief based on the theory of a contract to make a Will.

The Court further pointed out that the oral testimony of an alleged oral agreement was bereft of terms essential for the conveyance of real estate. Therefore, the relief requested was denied by the Court.

MY COMMENT:  Interestingly, the Court of Appeals did not reference well established Tennessee law that an agreement to leave an inheritance to someone in consideration for the person taking care of the Decedent’s property or Decedent himself must be in writing to be enforceable when it involves family members. Otherwise it is considered gratuitous.

Yours very truly,

RAINEY, KIZER, REVIERE & BELL, P.L.C.
William C. Bell, Jr., Attorney at Law

This letter is intended to provide you with ideas for consideration in commercial transactions.  It is not intended to give a general solution applicable to all apparently similar individual problems, since slight changes in facts may require variance in legal advice.  Please contact legal counsel with specific questions.