This question should be answered using three IRAC structures. Please include all relevant key words in your answer.
Mark executes a will promising to devise $1 million to his son with Mary if their son graduates from college. Mary executes a will that is identical to Mark’s will, likewise promising to devise $1 million to their son if he graduates from college. Both wills contain a clause in which the testator promises not to revoke the will without the other’s consent. When Mark dies, his son argues that he is entitled to the $1 million because he has graduated from college. However, Mary argues that she may revoke the $1 million gift to her son. Mark’s daughter Nora argues that the $1 million gift was never valid.
Which party is likely to succeed in court?
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Hint
To answer this question, you should think about and discuss whether Mark validly included a condition precedent in his will. Then, think about and discuss whether his will was a valid mutual will. Finally, think about and discuss whether Mary may revoke the gift in Mark’s will.
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Condition Precedent
Valid Mutual Will
Revocation of Gift
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