Contractual Wills

Pickett v. Keene, 47 S.W.3d 67 (Tex. App.—Corpus Christi 2001, no pet.).


In a factually complex case regarding the ownership of a motel, the appellate court held that Probate Code § 59A, which specifies how a contractual will must be established, was inapplicable. The court determined that the jury found that the parties orally agreed to an inter vivos transfer if certain conditions applied and not to a testamentary transfer.

Moral: Agreements regarding the future transfer of property need to be carefully documented.