Contracts Relating to Wills Flashcards

1
Q

Proving the contents of a contract to make a will, to revoke a will or to not revoke it, or to die intestate may be established by one of the following:

A
  1. A provision in the will that states the material provisions of the contract;
  2. An express reference in a will, or other instrument to a contract, and extrinsic evidence that proves the terms of the contract.
  3. A writing signed by the decedent evidencing the contract; or
  4. Clear and convincing evidence of an agreement that is enforceable in equity.
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2
Q

The existence of joint or mutual wills

A

does not create a presumption of a contract to make or revoke a will.

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