Legal Question in Wills and Trusts in New Jersey

Uncle agreed to Contract but Revoked it in a later Codicil

My uncle died last Dec.He paid $180,000 in 2003 to the estate of his sister in order to acquire her Coop. Part of the deal was an ''Agreement not to Revoke a Devise Under a Will'' splitting the coop proceeds 51-49 between two parties in effect giving sisters benficiary family a double dip.Language was inserted into a new will (2003)referring to it. Eight month later he had a falling out w/ sisters son-in-law and changed the distribution in clear language, spreading the distribution out ot all25 beneficiaries. Now his Executrix is choosing to ignore the last codicil (7/2005) in favor of the original will (4/2003). which favors her and the son-in-law.We need case law to help bring this to the surrogate's court and protest the ignoring of his intent to revoke.Can contract override a changed will(codicil)?


Asked on 12/17/07, 3:08 am

1 Answer from Attorneys
Robert Davies The Davies Law Firm, P.A.

Re: Uncle agreed to Contract but Revoked it in a later Codicil

To answer your question, it may very well be possible to win this fight; the contract MIGHT over-ride the codicil.

I doubt that you will be able to persuade the Executor or the people involved to agree as to how this should be divided.

This is a difficult Estate fight. You should consult an attorney in your area who does Estate Litigation (I do) and show the attorney all of the documents and discuss it. You need some guidance.

This is a typical and nasty fight between relatives. Your uncle was not served well by his attorney in this.

Call if you like; I never charge for a first phone call.

You can then decide how you would like to proceed.

My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.

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Answered on 12/17/07, 10:46 am


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