Can a Verbal Promise Override a Written Will?

Before your grandpa died, he verbally promised to give you his classic car that you have always had your eye on. When he passed away, you assumed you would get it. After all, he promised!

But unfortunately, in the world of estate planning, a verbal promise, or oral agreement, is basically worthless. Unless it was written down somewhere, it means nothing. This is true in Florida and most other states.

This is a common situation though. Intentions may have been shared verbally but they were never written down. In these cases, the verbal promise carries very little weight.

The will reigns supreme. It supersedes any oral agreement. If the will states that the car is to go to your grandmother, then it will go to her, not you. This can be a frustrating situation, but it is the law.

The power of a will is essentially its written form. It clearly states where a person’s assets are to go. Probate courts exist to enforce wills. When it comes to a written will vs. a verbal agreement, the written will is going to win because the law favors clarity.

What the Law Says

The law requires changes to a will, or to leave an inheritance, to be in writing and properly witnessed. Florida’s Statute of Frauds mandates that such promises must be in writing to be enforceable. A verbal promise will be deemed invalid, with the written will the legally binding document.

This requirement is in place to prevent fraudulent claims and confusion, as verbal promises are notoriously difficult to prove, especially after a person has passed away. A written will is executed with specific formalities, such as being signed and witnessed. A verbal promise lacks these legal safeguards and will not be upheld in court.

What Can You Do?

If you genuinely believe a promise was made and you relied on it in a meaningful way, it may be worth looking into. Your main step will be to uncover any documentation proving this verbal promise. Did anyone else hear the conversation you had with the family member before they passed away? Does anyone else know of this oral agreement?

If there are no witnesses, could there be something in writing? What about any documents, emails, or notes?

In some cases, promissory estoppel may come into play. This is a legal doctrine that enforces a promise, even without it being in writing, if one party reasonably relies on the promise and suffers harm as a result.

To establish a claim of promissory estoppel, the promisor must have made a clear promise, with the promisee relying on that promise. The promisee then suffered a significant loss or harm as a result of relying on the promise. As a result, enforcing the promise is the only way to avoid an unfair outcome.

Seek Legal Help

Estates should have written documentation, such as a valid will, in place. Verbal promises do not typically carry much weight unless there is strong evidence to back it up.

Fort Lauderdale probate litigation lawyer Edward J. Jennings, P.A can assess your situation and advise you of the next steps. To schedule a consultation today, fill out the online form or call 954-764-4330.

Source:

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