We’ve all heard stories about how someone was told they’d inherit “everything” just to be left with nothing. In some cases, a verbal promise is enough to make sure you get your “cut.” However, there have been several cases where the court rejected the idea of a verbal promise about inheritance. Let these eight stories be a warning to you: always get what you’ve been promised in writing.
1. The Sister’s Promise That Went Unenforced
In Dutton v. Poole (1678), a son promised his sister a payment tied to inheriting timber as a gift from their father. The court acknowledged the promise but ruled it invalid due to a lack of consideration and formal contract principles. The sister was not entitled to enforcement, despite the familial context. Courts drew a line: affection alone doesn’t form binding contract rights. This case shows how old principles still bar many verbal promise inheritance claims.
2. Worker Promised a Farm But Courts Said No
In the Australian case Gillett v. Holt, a farm worker claimed he was promised the farm by the owner over decades in exchange for labor. The High Court rejected the claim under proprietary estoppel because the promise lacked reliable consistency and the detriment wasn’t strong enough. The judge noted that wills are inherently revocable and informal promises don’t create stable rights. The worker lost the inheritance claim completely. This highlights the risk of vague expectations tied to verbal inheritance promises.
3. Sister’s Oral Promise Falls Flat Over Consideration
The Alabama case Kirksey v. Kirksey (1845) involved a verbal offer to a widow: move into the promisor’s land and you can have a house. The court ruled the promise had no enforceable consideration—she gave nothing in return. As a result, her reliance didn’t create a binding contract. The decision reflects that courts won’t enforce a verbal promise of inheritance without a formal exchange.
4. Estate Services Promise Rejected by Ohio Appeals Court
In Estate of Bohl (Ohio), a son sued his mother’s estate for verbal reimbursement promises tied to care he provided. The probate court rejected it—but the appeals court reopened the question because express verbal contracts between family members may be proven. Ultimately, courts held the claimant to a high burden of clear, convincing evidence. Many verbal promise inheritance suits fail to meet that standard.
5. British Case: “This Will All Be Yours” Not Enough
In Jennings v. Rice, a housekeeper claimed she was told, “This will all be yours one day.” The court awarded some compensation under proprietary estoppel, but rejected the claim as a contractual promise. The phrasing was deemed too vague to form a legal contract—even though she relied on it. So the court paid a fair sum but didn’t grant full inheritance. Vague assurances aren’t sufficient in cases of verbal promise inheritance.
6. Florida Siblings’ Split Agreement Was Valid—But Rare
In Ferguson v. Carnes, two siblings allegedly agreed to split whatever inheritance their mother left them, regardless of her will. The Florida court recognized this oral contractual promise and allowed the case to proceed, citing mutual consideration. Though rare, this success shows the difference when mutual promises exist. But most verbal promise inheritance pleas, especially one-sided ones, get rejected.
7. Mutual Verbal Wills Also Scrutinized Closely
Underlying UK law, mutual promises to modify wills orally, as in verbal mutual wills agreements, are sometimes enforceable—but courts scrutinize them heavily. In one recent British decision, a judge ultimately refused enforcement because the evidence was thin and the agreement unclear. Without clear, reliable oral agreement and supporting actions, verbal promise inheritance claims collapse quickly.
8. Verbal Promise Tried to Override Written Will—and Failed
Some states have very specific laws written about wills and what can/cannot pass when it comes to inheritances. In Florida, for instance, wills must be in writing and witnessed. The court will generally refuse to allow a verbal promise to be admitted as evidence. And if there’s a written will in place that doesn’t include anything about that verbal agreement? Forget about it! Formal documentation takes priority over whatever you think you’re owed.
What These Rejections Reveal About Inheritance Promises
Courts aren’t likely to accept a verbal promise when it comes to your inheritance, especially if there is no proof. There is no formality and, honestly, nothing that will “stick” in the legal sense. Even if you feel that grandma would have wanted you to have everything (and she stated so herself), it holds no legal weight unless it’s backed up by strong documentation. A written will and concrete evidence will win every single time.
Have you or someone you know ever faced a broken inheritance promise? Share your experience or advice in the comments—we’d love to hear your insights!
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The post 8 Times a Verbal Promise About Inheritance Was Rejected by the Court appeared first on Clever Dude Personal Finance & Money.
