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Can Boilerplate Raise Contracts of the Dead from the Grave?

Trusts & Estates

Can Boilerplate Raise Contracts of the Dead from the Grave?

When death arrives, must the estate attempt to channel the decedent’s skills and complete any remaining contractual duties? The outcome does not always hinge solely on whether the remaining duties are personal services. Instead, the intent of the parties is paramount. Courts disagree whether boilerplate, such as clauses that the contract is “binding on successors or assigns,” or is “binding on heirs, executors, and administrators,” reflects the intent of the parties and causes personal service contracts to survive a party’s death.