Contracts Relating to Wills

Question 1

A joint will is…

Answer 1

a will of two or more persons executed on the same piece of paper.

Question 2

Reciprocal wills are…

Answer 2

two separate wills containing provisions that mirror one another.

Question 3

Joint and reciprocal wills are usually executed out of…

Answer 3

an agreement between the creators as to the disposition of their property.

Question 4

If a survivor amends or revokes their joint or reciprocal will, it may be considered…

Answer 4

a breach of contract, and the beneficiaries may enforce the contract in equity via specific performance or imposition of a constructive trust.

Question 5

To establish a will as contractual, there must be…

Answer 5

clear and satisfactory proof of a contract:

(1) in the language of the will,

(2) from extrinsic evidence, or

(3) by clear implication from the surrounding circumstances.

Question 6

The fact that parties have executed a joint or reciprocal will with agreed-upon dispositions does not…

Answer 6

give rise to an inference or presumption that the will was executed pursuant to a contract.

Question 7

A testator’s oral promise to make a bequest in exchange for personal services is unenforceable under the Statute of Frauds. However, the beneficiary may recover…

Answer 7

in quantum meruit, for the reasonable value of services rendered.