Legal Question in Wills and Trusts in Oregon
in the event of conflict, Which is followed a will or a deed? The will was signed first with an agreement between husband and wife signed which states neither will change the will. The husband survived the wife then added his family to the deed. Which will be followed by the courts?
1 Answer from Attorneys
A will, regardless of when made, controls only the disposition of property owned by the decdent at the time of death. So if, for example, a man makes a will that says "I leave my home, located to 345 Main St., Portland, Oregon, to my niece, Mary Smith," and then, after making the will, sells the property to somebody else and signs a deed in connection with the sale, so that he no longer owns the property at the death of his death. The deed controls; not the will.