Elizabeth Roberts
v.
Eric Roberts, as trustee of the W. David Roberts Revocable Trust, Dave Roberts Growth & Ventures, Inc., and Eric Roberts as personal representative of the Estate of William David Roberts
Elizabeth Roberts and W. David Roberts (“David”) entered into a premarital agreement and were married in 1993. In 2017, Elizabeth and David executed documents purporting to partially revoke a part of the premarital agreement. David passed away in 2022, and an estate was opened, with David’s only son Eric Roberts named as executor. Elizabeth filed a motion in the estate proceedings to enforce the original premarital agreement, and later filed a motion for summary judgment, arguing the partial revocation was invalid as a matter of law. The district court held the partial revocation was valid. Elizabeth appealed, and argues the district court erred because: (1) Iowa Code section 596.7 authorizes only total revocation of a premarital agreement, not partial revocations or amendments; (2) the partial revocation did not meet basic contractual requirements; and (3) the partial revocation is unconscionable and violates public policy.
Appellant
Elizabeth Roberts
Appellee
Eric Roberts, as trustee of the W. David Roberts Revocable Trust, Dave Roberts Growth & Ventures, Inc., and Eric Roberts as personal representative of the Estate of William David Roberts
Attorneys for the Appellant
Jordan T. Glaser
Brody D. Swanson
Attorney for the Appellee
Andrew B. Howie
Supreme Court
Oral Argument Schedule
Non-Oral
Apr 10, 2024 1:30 PM
