Will Contracts Flashcards
What do will Ks include?
What body of law are they governed by?
Will contracts include
-> contracts to make a will
-> Ks to revoke a will
AND
-> ks to die intestate
Governed by K law
What are the writing requirements of a will contract?
Writing requirement
-> the will states the contract’s material provisions
-> the terms are contained in a written contract
OR
-> the will expressly references a contract and extrinsic evidence proves its items
Does a will contract require consideration?
Yes it does.
What is required for will contracts to be enforceable?
Is there a remedy for breach while T is still alive?
Enforceable
-> only if signed by the party sought to be charged
No there is no such remedy for breach while T is alive.
What is a joint will?
Does a joint will create a presumption not to revoke the will? Why?
Joint wills
-> a single instrument that serves as the will of more than one person
DOES NOT by itself create a presumption of a contract not to revoke by either party.
-> because parties are treated as having two separate wills
What are reciprocal wills?
Does a joint will create a presumption not to revoke the will? Why?
Reciprocal wills
-> it’s when two separate wills contain identical or reciprocal provisions between each other
DOES NOT by itself create a presumption of a contract not to revoke by either party.
-> because parties actually have two separate wills
How is a contract not to revoke established in joint and/or reciprocal wills?
What evidence can establish this?
It requires evidence of there being a contract not to revoke
Evidence
-> the wills state that devises were made in consideration of reciprocal devises
What happens when there has been establishment of a contract not to revoke under a joint and/or reciprocal wills?
The contract becomes irrevocable upon death of first party.
A constructive trust is imposed on property transferred by the second party in violation of the contract.
