Contracts Relating to Wills

Question 1

Ways to establish a contract to make/ revoke a will or die intestate?

Answer 1

(1) Material provisions of the contract stated in the will

(2) An expressed reference in a will to a contract & extrinsic evidence proving the terms of the contract.

(3) A writing signed by the decedent evidencing the contract.

(4) C&C evidence of an agreement between the decedent and the claimant OR a promise by the decedent to the claimant that is enforceable in equity.

(5) C&C evidence of an agreement between the decedent and another person for the benefit of the
claimant OR a promise by the decedent to another person for the benefit of the claimant that is enforceable in equity.

Question 2

Joint/Mutual Wills

Answer 2

Execution of a joint will or mutual wills does not create a presumption of a contract to not revoke the will.

Question 3

Hypos for Contracts Relating to Wills

Answer 3

Married Couples
Caregiving

Question 4

Issues with Contracts for Caregiving

Answer 4

Under CA, a contract for a spouse to support the other spouse who becomes incapable of supporting themselves may NOT be a valid.

Spouse are already required to care for the other spouse in this scenario, therefore no valid consideration (already required to do it).

Question 5

Taxation Issues with Contracts Relating to Wills

Answer 5

If a Decedent/Testator promises something in their will in exchange for services rendered (i.e., caregiving) then that is taxable as income