Keith v. Lulofs

Arvid and Lucy Keith married in 1972, blending Arvid's son Walter Steven Keith (plaintiff) and Lucy's daughter Venocia Lulofs (defendant) into their family. In 1987, Arvid and Lucy executed mirror-image wills leaving each estate first to the surviving spouse, then equally to Keith and Lulofs; in 1994, they took out a life insurance policy also naming Keith and Lulofs as equal beneficiaries. After Arvid died in 1996, Lucy executed a new will just weeks later leaving her entire estate to Lulofs alone, and soon after changed the insurance policy to name only Lulofs. After Lucy's death a decade later, Keith challenged Lucy's new will, arguing the couple's original reciprocal wills had become irrevocable contracts once either spouse died. Keith testified his father had told him the mirror wills were meant to ensure an even split, but presented no corroborating evidence; the drafting attorney could not recall the circumstances, and Lulofs could not recall relevant details either. The trial court ruled Keith failed to prove the wills were irrevocable contracts, and Keith appealed.