Congregation Kadimah Toras-Moshe v. DeLeo

A rabbi from Congregation Kadimah Toras-Moshe ("Congregation") visited the bed-ridden Mr. Schwam. During the visit, in the presence of witnesses, Schwam promise to bequeath $25,000 to the Congregation when he passed away. However, Schwam never created a will or put his promise in writing.

The Congregation sued DeLeo, the administrator of the Schwam estate in Massachusetts state court to enforce Schwam's oral promise.

A municipal court found that there was not enforceable promise.

The Massachusetts superior court also found in favor of DeLeo.

Is an oral promise to a charity enforceable if there wasn't any consideration for it or deterimental reliance on it?

What if the promise to donate to a charity isn't in writing?

No. An oral promise to a charity isn't enforceable if there wasn't any consideration for it or detrimental reliance on it.

Affirmed.

Written promises to charities are enforceable even if there is no detrimental reliance on the promise.