Emeline Hubert
Tel: 06 84 48 92 36

Agreement Not To Revoke Will

But the reasoning here is also questionable. In the case of the distribution of constructive trusts, it is clear that trust can be imposed retroactively. It should not be considered to have occurred only when the breach occurred. If this were not the case, one party might avoid taking into account all the benefits that the court wishes to treat as paid to the beneficiaries. However, this does not mean that the retraction mode can be circumvented simply by saying that trust was born before the revocation. The right position is to say that trust is born because a just commitment has been violated, but it is then considered retroactive to a point before the date of the violation. The fact remains that, in the present circumstances, there is a breach of the undertaking in question. Re Green`s commitment, as in other situations of mutual trust, is the agreement that will not be revoked, coupled with the appeal of one of the parties to this agreement. The death of one of the parties is considered sufficient to intractablely rely on this agreement. It is the revocation that represents an attempt by the other side to abandon the situation. It is this factor that represents the potential injustice if the other party is allowed to deviate from the conditions of mutual will. Common and reciprocal wills should be avoided, as they provoke numerous disputes that often alter the deceased`s will intent.

We wrote about a case in Arizona where the legal requirements were interpreted, and recently. In the case we described just a few months ago, the question was whether a crook`s changes to his succession plan were contrary to his divorce agreement to leave part of his estate to his children from his first marriage – a slightly different question from the one we asked here. (The answer, if you were surprised and didn`t want to follow the link, was « yes » – and some of the changes he made to his second wife were set aside by the courts.) We`ve also written about similar issues in other states – especially a case in Iowa where a couple`s reciprocal will was treated as creating an enforceable agreement to keep their estate plan on the same plane.


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