MBE Rules · Contracts
Statute of Frauds — marriage & executor
The rule
A promise made in consideration of marriage (other than mutual promises to marry) must be in writing. A promise by an executor or administrator to answer personally for a debt of the decedent must be in writing.
In plain English
If someone promises something in exchange for marriage or an executor promises to pay a deceased person's debt from their own money, these promises have to be written down to be enforceable.
Worked example
Alex promises to give Sam a car if Sam marries them. They don't put it in writing. Later, Alex refuses to give the car. Since it wasn't written down, Sam can't enforce the promise.
Memory hook
Marriage and Mortality: Put it in Paper. Promises for marriage and executor debts require a written contract.
The trap
Students think: all marriage-related promises need writing. Wrong, because mutual promises to marry don't. The actual test is for non-mutual promises related to marriage.
How examiners test it
The MBE loves: executor promises to pay decedent's debts. Trap: assuming oral promise is enough. Test: must be in writing for enforceability.
Drill this rule until it can't fail you.
Vrenberg generates unlimited questions on this exact rule, tracks your mastery of it, and brings it back until it sticks.