this post was submitted on 23 Jun 2024
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[–] Glowstick@lemmy.world 2 points 4 months ago (1 children)

Good walkthrough. I think a lawyer would happily take the case on contingency to get a cut of a big easy settlement, but other than that everything you wrote sounds likely

[–] SleepingLesson@lemmy.world 5 points 4 months ago* (last edited 4 months ago) (1 children)

The contract lacks consideration and would not be found valid. No contract, no damages, no contingency.

[–] Glowstick@lemmy.world 1 points 4 months ago (1 children)

I'm not a lawyer at all, but i just googled the definition of "consideration" and i don't see how it applies here. This is a statement of how his property should be bequeathed after his death. People don't will their properties to people in exchange for benefit before they die.

[–] SleepingLesson@lemmy.world 1 points 4 months ago* (last edited 4 months ago)

Consideration means both sides need to give something in order for a contact to be formed. Asking "can I have x", and the other side saying "yes" is not a contract because there is no consideration. This is day 1 law school Contracts stuff.

A will requires a document and cannot be formed orally except in very specific circumstances that do not apply here.