Oral Agreements to Divide a Decedent's Property Violate the Statute of Frauds
The 8th Circuit Court of Appeals recently rendered an unpublished opinion, Kiddie v. Copeland , Case No. 17-2814 , involving the statute of frauds, and its application to an agreement to divided a deceased grandfather's property. First, what is the statute of frauds anyway and why should you care? The statute of frauds is a common law rule that has been codified in most states, and requires that certain contracts must be in writing to be enforceable. Among those contracts affected, are: (1) contracts to answer for the debt of another ( Ark. Code Ann. 4-59-101 ); (2) agreements to be made in consideration of marriage ( Ark. Code Ann. 4-59-101 ); (3) agreements that are not to be performed within one year from the date of the agreement ( Ark. Code Ann. 4-59-101 ); (4) agreements for the sale, lease, or transfer of land ( Ark. Code Ann. 4-59-101 --102 ); (5) contracts for the sale of goods over $500.00 ( Ark. Code Ann. 4-2-201 ; and (6) contracts to make a will or devise, e