DET Components of a Will Set 3
|g. Via v. Putnam. |
i. Facts: Spouses agreed/contracted to each make a will (and not revoke it) that devised property to the other spouse when one died and then to the children after the second spouse died. The wife died and then the husband got remarried and then died. The new wife was trying to argue that her claim to the estate trumps the other will. The first wife's children are arguing that they should be given creditor status so that they have priority over the share of the omitted spouse and would receive the entire estate.
ii. Holding: Court concludes that it
|cannot modify the public policy protecting a surviving spouse's interest in the deceased spouse's estate by adopting this creditor-theory approach as an exception to the pretermitted/omitted spouse statute.|
|Via v. Putnam 1. Third party beneficiaries can bring contract action. Contract doesn't||"lock in" until one of the parties dies with the will intact. The remarriage gives the new wife a claim to the estate through statutes protecting spouses (pretermitted spouse statute). Even though husband didn't revoke or modify the will, by remarrying he is changing the disposition of his estate.|
|2. Omitted spouse||Wife gets 50% of net probate estate.|
|3. Elective share||Wife gets 30% of net probate estate.|