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after having a stroke, husband (h), anxious to avoid going into a nursing home or being cared for by professional nurses, entered into an agreement with wife (w). h promised w that if w personally cared for him at home for the rest of his life, h would devise her certain property by will. in compliance with the agreement, w personally cared for h at home until his death. when he died, h devised the property promised to w to his daughter by a prior marriage. can w enforce the contract?

Answer :

The wife possesses all the right to challenge the conduct legally and can enforce the promise by the adoption of the principle of Estoppel

It is a legal concept that prohibits people from arguing against or asserting rights that are in conflict with what they have already said or what has been legally committed. Simply enough, estoppel precludes one person from disputing a former deed or remark.

It is a component of common law and was created to protect people from suffering unfair harm as a result of the inconsistent words or deeds of another. Collateral estoppel and promissory estoppel are two of the most popular types of estoppel.

The common law systems of the United States, the United Kingdom, Canada, and other nations all adhere to the legal theory of estoppel.

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