Contracts Relating to Wills

Question 1

Joint Wills

Answer 1

A joint will is a will of two or more persons executed on the same piece of paper. A joint will is admissible to probate on the death of each of the testators just as if there were separate pieces of paper.

Question 2

Reciprocal wills

Answer 2

Reciprocal wills are two separate wills containing provisions that mirror one another.

Question 3

Joint and Reciprocal Wills as a Contract

Answer 3

Joint and reciprocal wills are usually executed out of an agreement between the creators as to the disposition of their property. Such an agreement can be considered a valid contract to make a will, which is irrevocable by the survivor after the death of the other contractual party.

Question 4

Proof of Contractual Will

Answer 4

To establish a will as contractual, there must be 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 5

Procedure of Contractual Will that is Breached

Answer 5

If a will is found to be contractual, the second, breaching will is probated, but the beneficiaries under the first, contractual will are entitled to specific performance. A constructive trust is imposed for them.