New Case Considers Whether Wills Can Guarantee Lifetime Employment

In Grant v. BessemerTrust Company of Florida, a Florida appellate court considered whether atestator’s will could ensure lifetime employment for a beneficiary.

The court affirmed the finding that the employment codicilto Milton Grant’s will did not guarantee lifetime employment for his son,Thomas.  The probate court not only foundthe precatory language in Grant’s will to be ambiguous, but also that employmentof any type can not be devised.  Theappellate court reserved such a broad conclusion, concluding instead that thisparticular employment within Grant Communications could not be binding because“it would conflict with the fiduciary duties of officers and directors to thecorporation and its creditors.”  Thus,the appellate court found this testamentary direction to be an impermissiblerestraint on the directors, but did not close the door on the possibility employmentcan be guaranteed by will in other situations. Still, it’s probably best to secure lifetime employment through anemployment contract rather than a will.

See Luke Lantta, Employment Codicil to Will Did Not Providefor Lifetime Employment, Bryan Cave Fiduciary Litigation, July 30, 2013.