Question

Skanderbeg and Roxanne have been married for 10 years. Shortly before he dies, Skanderbeg made an oral promise to Roxanne that Roxanne could have his house to live in until she died in "consideration of all the care and love" she had given him during their years of marriage, provided she paid the sum of US $5,000 into the bank account of The Orphaned Children Association (Skanderbeg's favourite charity), within 24 hours of his death.

Skanderbeg dies and Roxanne then deposits US $5,000 into the bank account of The Orphaned Children Association, Skanderbeg's favourite charity, within 24 hours of his death.

However, the executors of Skanderbeg's estate say that:

• because this promise was made by Skanderbeg out of love for Roxanne; and
• because Skanderbeg did not receive a benefit in exchange for making this promise;

That his promise cannot be enforced and Roxanne will not be allowed to live in the house.

Advise Roxanne if she can enforce this promise on the basis of consideration or not?