Will Contracts

Question 1

Enforceability

Answer 1

Proof of a contract can be established if:
1. will states material provisions of the contract
2. terms are contained in a written contract
3. will makes express reference to the contract and extrinsic evidence proves the terms
4. clear and convincing evidence of an agreement between the decedent and the claimant or another person for the benefit of the claimant

5. clear and convincing evidence of a promise by the decedent to the claimant enforceable in equity(SOL is one year after death for oral promise)

Reciprocal Provisions: in CA, mutual execution of a joint or mutual will does not create presumption of a contract not to revoke a will