… Once it is accepted that three types of donative promises – those made in trust, those made in a valid will, and those that induce reliance – are enforceable while others are not, the seminal question and issue becomes: Why are these promises deemed enforceable and others are not? What makes irrevocable inter vivos trust donative promises – promises that induce reliance on the part of the donee – and promises made in a will enforceable, while other simple or future gift donative promises are not?
The primary purpose of this Article is answering that question. Part II briefly details the state of the law as it pertains to the enforceability of donative promises (ie, gifts) – plowing ground that has been well-furrowed by numerous prominent scholars. However, this Article goes beyond describing and defining these pedestrian gift transactions in Part II by expanding the definition of donative promises and demonstrating that certain transactions made in irrevocable inter vivos trusts, promises that induce reliance, and solemn promises made in a will are also the product of donative promises, yet are enforced …
Alex M Johnson Jr, Irrevocable Gift Promises and Promises Inducing Reliance: A Mandate for the Return of the Seal in Contract Law 98 Nebraska Law Review 926 (2019).