## Facts

- Robert E. “Bob” Fletcher owned a cabin and surrounding real property in Winthrop, Washington.
- Bob’s 2003 will devised the Winthrop property to his adult stepsons, Dennis and Allen Bale.
- Over many years, the Bales made substantial improvements to the cabin and property.
- After a cancer diagnosis in 2008, Bob stated he wanted his nephews, John and Robert Fletcher, to have the Winthrop property.
- Bob executed, notarized, and recorded a preprinted quitclaim deed conveying the property to John and Robert; the deed stated it was a “gift” and that Bob received no consideration.
- After Bob’s death in 2009, the Bales sued to set aside the deed and to quiet title in themselves under the will, and also claimed an oral contract by Bob to devise the property to them.
- The trial court invalidated the quitclaim deed for lacking certain recitals (including consideration), quieted title in the Bales, and rejected the oral-contract-to-devise claim for lack of proof under a clear, cogent, and convincing standard.
- John and Robert appealed the deed ruling; the Bales cross-appealed the standard of proof for the alleged oral contract to devise.

## Issues

1. Whether a quitclaim deed conveying real property as a gift is invalid because it does not recite consideration.
2. Whether an alleged oral contract to devise real property must be proved by clear, cogent, and convincing evidence.

## Decision

- The court held the quitclaim deed was valid because it satisfied statutory deed formalities and a consideration recital is not required to make a gift conveyance of real property.
- The court reversed the judgment quieting title in the Bales and remanded.
- The court held the trial court applied the correct clear, cogent, and convincing standard to the oral-contract-to-devise claim and agreed the evidence was insufficient under that standard.
- The court remanded for the trial court to consider awarding attorney fees and costs to John and Robert, and denied fees and costs on appeal.

## Legal Principles

- A deed intended as a gift is not invalid merely because it does not recite consideration, so long as it meets statutory requirements for a conveyance.
- Donative intent may be shown by the deed’s language and surrounding circumstances; an express “gift” transfer with no consideration is consistent with a valid conveyance.
- A valid inter vivos deed transferring property controls over an earlier will as to that property.
- A party asserting an oral contract to devise real property must prove the contract by clear, cogent, and convincing evidence.

## Conclusion

The court upheld a recorded quitclaim gift deed despite the absence of a consideration recital, reversed the quiet-title judgment based on the will, and confirmed that an oral contract to devise must be established by clear, cogent, and convincing evidence.


Bale v. Allison, 294 P.3d 789 (Wash. Ct. App. 2013)