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
- A provision in the will that states the material provisions of the contract;
- An express reference in a will, or other instrument to a contract, and extrinsic evidence that proves the terms of the contract.
- A writing signed by the decedent evidencing the contract; or
- Clear and convincing evidence of an agreement that is enforceable in equity.
2
Q
The existence of joint or mutual wills
A
does not create a presumption of a contract to make or revoke a will.