Tennessee Supreme Court Throws Out Will In Exchange for A Contract

The Tennessee Supreme Court in In re Estate of Brown declared the will of a widow invalid after she signed a contract with her late husband agreeing to provide for both of their children.

The Browns were married in the 1980’s and each had two children from prior marriages. They signed a contract declaring that no matter which one of them died first that all of their children would be provided for, and that neither could change their will after the death of the other.

Mr. Brown died six days after signing the will. Nine days after Mr. Brown died, Mrs. Brown decided to change her will to the detriment of Mr. Brown’s surviving children. Mr. Brown’s children challenged admission of the will to probate court stating it was invalid per the contract signed between the couple.

This is certainly a unique situation, but shows the power to enter into a contract can supersede and invalidate one’s ability to alter their will.

Do you need estate planning help, a will drafted, or need a will admitted to probate? Contact the legal professionals at Honeycutt & Doyle, PLLC today at (615) 244-0749.

Published by daverich on 03.22.13

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