Hello,
I would have posted this under the category "Contract Law" but could not find one. Therefore I'm posting here.
We are in the middle of a court case involving a lengthy Complaint with multiple Defendants and Plaintiffs. The case comes down to whether or not a Contract (involving property) between one of the Defendants and one of the Plaintiffs is indeed a Contract. The Contract was entered into as a "binding addendum to the Will" of one of the Defendants and was entitled "Addendum to the Will".
At the time of the writing, both parties understood that it was a contract and it was not to go into effect unless a) the Will was contested or b) the Defendant party of the contract changed the will that was written at the same time as the contract. The Judge is inclined to rule that the Addendum to the Will is not a separate Contract and is a part of the Will and therefore the Defendant party of the Will can change both documents. The Plaintiffs maintain that even though it was entitled Addendum to the Will, it is a separate contract. In fact, at the time of the writing of both documents, each was placed in a sealed envelope and sent Certified Mail to their CPA.
The question I'm asking therefore, even though the Contract is entitled "Addendum to the Will", since it was understood by both parties to be a contract and treated as such, is it a contract or is it part of the Will? Thanks for any feedback.
I would have posted this under the category "Contract Law" but could not find one. Therefore I'm posting here.
We are in the middle of a court case involving a lengthy Complaint with multiple Defendants and Plaintiffs. The case comes down to whether or not a Contract (involving property) between one of the Defendants and one of the Plaintiffs is indeed a Contract. The Contract was entered into as a "binding addendum to the Will" of one of the Defendants and was entitled "Addendum to the Will".
At the time of the writing, both parties understood that it was a contract and it was not to go into effect unless a) the Will was contested or b) the Defendant party of the contract changed the will that was written at the same time as the contract. The Judge is inclined to rule that the Addendum to the Will is not a separate Contract and is a part of the Will and therefore the Defendant party of the Will can change both documents. The Plaintiffs maintain that even though it was entitled Addendum to the Will, it is a separate contract. In fact, at the time of the writing of both documents, each was placed in a sealed envelope and sent Certified Mail to their CPA.
The question I'm asking therefore, even though the Contract is entitled "Addendum to the Will", since it was understood by both parties to be a contract and treated as such, is it a contract or is it part of the Will? Thanks for any feedback.