WA Will - Considered as a Legal Contract?

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1966AJW

Well-Known Member
23 April 2019
52
0
196
Can a will be used as a legally binding contract in relation to a promise of inheritance?

For example:

John agrees to pay $500 per month to his dad to buy the family home and takes up residence in it.

John has paid his dad for 15 years but then has a barney with him and is kicked out.

Dad then sells the house and gives nothing to the promise he made to John. Dad claims that the agreement was that John would inherit the property but only if he remained living there.

Dad can not evidence his claim with a copy of a registered will that shows his intentions or claims to be true.

I understand that a will is a revocable element and that to rely on it as a binding contract would be silly. How could Dad then claim that this is what formed the contract?

What are John's options in this situation?
 

1966AJW

Well-Known Member
23 April 2019
52
0
196
Did a bit more research on this. Apparently they should have established a Will Contract. Looked into the Wills Act 1970 but it has no mention of a will contract? Anyone heard of anything like this?
 

Alert

Well-Known Member
7 June 2019
243
17
654
Can a will be used as a legally binding contract in relation to a promise of inheritance?

For example:

John agrees to pay $500 per month to his dad to buy the family home and takes up residence in it.

John has paid his dad for 15 years but then has a barney with him and is kicked out.

Dad then sells the house and gives nothing to the promise he made to John. Dad claims that the agreement was that John would inherit the property but only if he remained living there.

Dad can not evidence his claim with a copy of a registered will that shows his intentions or claims to be true.

I understand that a will is a revocable element and that to rely on it as a binding contract would be silly. How could Dad then claim that this is what formed the contract?

What are John's options in this situation?
Is this written on a Will?? Or is this only verbal??
 

Alert

Well-Known Member
7 June 2019
243
17
654
I feel Johns dad has not got a Will? So if there is no Will there is no inheritance.
 

1966AJW

Well-Known Member
23 April 2019
52
0
196
Thanks Alert,
Might have this figured out.
Inheritance does not apply, still alive.
No will exists so no guarantee of inheritance.
Will if it even exists is a revocable element, so still no guarantee.
Only path to proof is the actual actions both performed and received under Part Performance.
Dad has not declared money received as income.
Dad can apply contingency which voids inheritance promise.
Dad needs to show provision for income declaration with invoking of contingency.
John needs to prove his ownership share with part performance.
Inheritance and contingency have nothing to do with anything in relation to Part Performance, so whilst Dad claims he owes John nothing based on the claim it was Inheritance which is now revoked, if John can prove part performance then Dad has no grounds to withhold