Written by attorneys · grounded in primary & secondary sources — see below
2 senses
1
in wills and estates
An instrument that on its face appears to be a will raises only a rebuttable presumption of testamentary intent. Extrinsic evidence may show the document was executed solely for a collateral non-testamentary purpose. In such circumstances the instrument is not effective as a will.
2
Sense 1
1
in wills and estates
An instrument that on its face appears to be a will raises only a rebuttable presumption of testamentary intent. Extrinsic evidence may show the document was executed solely for a collateral non-testamentary purpose. In such circumstances the instrument is not effective as a will.
Sources & Authorities· 2 primary sources
Select any source to read its text and confirm it supports the definition.
Cases
Sense 2
2
in family law
A marriage entered into for a limited purpose such as immigration rather than to assume the usual obligations of a marital relationship constitutes a sham marriage. Some courts treat the marriage as valid if the parties satisfied formal requirements while others hold it invalid. Collateral agreements disclaiming core marital duties are invalid as contrary to public policy.
Sources & Authorities· 1 primary source
Select any source to read its text and confirm it supports the definition.
Common Law
Put it into practice
Test Yourself
10
Practice Questions5
in family law
A marriage entered into for a limited purpose such as immigration rather than to assume the usual obligations of a marital relationship constitutes a sham marriage. Some courts treat the marriage as valid if the parties satisfied formal requirements while others hold it invalid. Collateral agreements disclaiming core marital duties are invalid as contrary to public policy.
Each sense below has its own examples, sources, and questions.
Examples1
Document Signed to Deter Investigation
Sofia Stern signed a document reciting that it was her last will and testament leaving her estate to her insurance agent. She told the agent in recorded messages that the document served only as leverage to discourage cooperation with a corporate compliance probe and was never meant to function as a will. After her death her granddaughter offered the voicemails to show the absence of testamentary intent. The probate court refused to admit the instrument to probate.
Frequently Asked1
What evidence rebuts the presumption that a formally executed will is genuine?+
Extrinsic evidence such as recorded statements showing the document was created only for a collateral purpose is admissible. The evidence must demonstrate that the testator lacked present intent for the instrument to operate as a will. When the presumption is overcome the document is denied probate.
Supporting sources
Examples1
Contract Limiting Marital Obligations
Sasha Stone and Spencer Silver appeared before a judge and completed a marriage ceremony after a farm manager threatened to evict Stone and report alleged thefts. Immediately before the ceremony the parties signed a side agreement stating the marriage existed only to allow Silver to remain for seasonal work and that they would never share a residence or finances. Stone later sought a declaration that the marriage was invalid. The court held the collateral agreement contrary to public policy and invalidated the marriage.
Frequently Asked2
Does a side agreement disclaiming marital duties affect the validity of a marriage?+
Collateral agreements that contradict essential marital obligations such as support and cohabitation are invalid as contrary to public policy. Even under the traditional approach that upholds sham marriages meeting formal requirements the side agreement itself is unenforceable. The underlying marriage therefore lacks support from genuine marital intent.
Supporting sources
How do courts differ in treating marriages entered solely for immigration benefits?+
Traditional courts uphold the marriage if the parties were competent and satisfied procedural requirements. Other courts invalidate the marriage unless the parties intended to assume the usual obligations and status of marriage. Public policy invalidates any agreement that negates core marital duties regardless of the approach taken.
Supporting sources
TortsDefamation and privacy, and defenses to such claims · Defamation and privacy, and defenses to such claimsNEXTGENFoundational