Keith v. Lulofs

When Arvid and Lucy Keith were married, Arvid had a son from a previous marriage, Walter Keith (Keith), and Lucy had a daughter, Veronica Lulofs (Lulofs). Arvid and Lucy executed wills in 1987 that were mirror images of each other. Each will left the estate first to the surviving spouse and then to Keith and Lulofs equally. Arvid died in 1996 and his estate passed to Lucy. Lucy then executed a new will 1996 in which she left the entirety of her estate to Lulofs and made no provision for Keith. After Lucy's death, Lulofs attempted to probate Lucy's will, which Keith challenged. The trial court concluded that Keith failed to provide that the 1987 wills executed by Arvid and Lucy were irrevocable, reciprocal wills and accepted Lucy's 1996 will for probate, entering judgment accordingly. The Supreme Court affirmed, holding that the trial court did not err in holding that (1) the wills did not form an irrevocable contract between the testators; and (2) Keith's testimony presenting circumstantial evidence that Arvid and Lucy intended for the wills to be contracts was not corroborated as required by the Dead Man's statute. View "Keith v. Lulofs" on Justia Law