March 26th, 2013
December 22nd, 2011
It’s actually one of the first cases law students learn about in their contracts class – a distant relative comes to live with and care for a sickly aunt, sister, or uncle in alleged reliance on the sickly relative’s promise to leave the helpful relative something from the sickly one’s estate. The sickly relative dies, leaving the helpful relative nothing. Can the helpful relative sue to enforce the promise? As with all things in the law, it depends.
In Georgia, if you want to enforce that promise, you’d have an easier time if the promise was made before 1998. If after 1998, then you had better follow the pretty clear statutory requirements for a contract to make a will because those requirements supersede other equitable statutes and are strictly enforced.