Contracts Relating to Wills: Joint Wills

Question 1

What is a joint will?

Answer 1

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

Question 2

What are reciprocal wills?

Answer 2

Two separate wills containing reciprocal provisions.

Question 3

Are joint/reciprocal wills revocable?

What if there is a contract make a will?

Answer 3

Yes, in the same manner as any other will.

Then revocation of the will is breach of contract, and the beneficiaries can enforce the contract in equity, either by specific performance or imposition of a constructive trust.

Question 4

What does it mean that a joint will is contractual?

Answer 4

It means that the survivor will not revoke the will so as to defeat the agreed-upon disposition on the death of the survivor.

Question 5

What is required to establish a contractual will?

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.