In this particular case, the will contract shall be considered. Mary, who is an elder women is living in Sidney and owns a house at that place. Several series of letters were sent be Mary to Sally, her niece. Sally lives in the United Kingdom. As per the letter, Sally had been invited by Mary to live with her. According to the letter, Mary stated that she will be passing on her property to Sally only is she comes to live with her in Australia. After receiving the letters, Sally made her decision. She finally left her job and sold the house in the United Kingdom. She then shifted to Australia. However, as she shifted, a dispute occurred between Mary and Sally. In result of the dispute, Mary claimed that she will not allow Sally to live in her house and Mary will not be passing on her property to Sally.
As stated above, this is a will contract. It is a term utilised under the law of wills that describe a contract for exchanging a present performance for a future event (MacNeil 2003). The basic rule for this contract is that the terms and conditions involved have to be definite and certain and the establishment has to be done in an affirmative manner by a convincing and clear testimony. In this type of agreement, it is important for one party to perform something in return of the promise made (Peden 2003). As per the case provided, Mary had asked Sally to leave England and stay with her in Sydney instead. However, as per the law, the most important requirement is to have written document that has to be signed by both the parties. As per the case, there had been no written agreement that was signed by Mary and Sally. Creation of will contract is done when a promise has been formulated and supported by the consideration of leaving the property by will to the promisee or other beneficiaries of third party.