Exploring Nuncupative Wills: Marlon Brando’s Housekeeper Claimed He “Told” Her She Would Inherit His Home
Legendary Oscar-winning actor Marlon Brando left the bulk of his estate (worth approximately $26 million) to his producer, other associates, and his longtime housekeeper, Angela Borlaza.
Brando created a valid last will and testament. However, he did not include Borlaza – who later sued alleging that Brando promised that she would inherit his home when he died.
A Promise Is A Promise…
While a promise is a promise, it can be easily broken. In this case, Brando either never promised Borlaza anything or promised to give her the home, but never got around to putting it in his will. Borlaza claimed the latter and sued his estate for $627,000.
However, since the alleged promise was oral, the court was restrained by what was contained in Brando’s will on the assumption that he made all of his wishes known. Borlaza eventually settled the matter for $125,000, but she was lucky to get even that.
Making oral promises to someone about what they’ll inherit when you die generally fail without some other proof that the promise was valid such as someone else being part of the conversation in which the promise was made. Short of that, courts can – and reasonably must – rely upon the documents in front of it when probating an estate.
To avoid potential disputes and ensure your final wishes are clearly understood and respected, consider consulting a New York Estate Planning Attorney to create a comprehensive estate plan.
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In the case of Marlon Brando’s longtime housekeeper, Angela Borlaza, she claimed that Brando had made an oral promise—something akin to a nuncupative will—that she would inherit his home. However, despite this claim, Brando had a valid, written will in place that didn’t include this promise in any of the official estate documents. Because of this, the court couldn’t enforce the alleged verbal agreement. In most instances, oral promises are not legally binding without witnesses or some kind of formal documentation. Courts will always give precedence to the written will.
This serves as a powerful reminder that oral promises, or nuncupative wills, can be unreliable and are often unenforceable compared to well-documented estate plans like wills or trusts.
Put It in Writing
Make sure that your loved ones receive everything you promised them by putting your wishes in writing through a last will and testament, a trust, or another estate planning tool. Don’t rest on your laurels. It is imperative to update your estate plan documents when any significant or life-changing events occur such as:
- a new oral promise you made to someone
- adoption
- birth
- circumstance changes (change in health, wealth, or state of residence)
- divorce
- income changes
- marriage
- divorce
- re-marriage
Need help putting your wishes in writing? You’re in the right place. Contact our office today and let us help you decide what type of estate plan might work best for your situation. It’s easier than you think and will give you the peace of mind that your loved ones aren’t forgotten.
You can schedule a call with us or reach us directly at 855.528.9637 to learn more about how best to plan today to protect those most important to you.