Will Contracts

Question 1

Will Contracts - Generally

Answer 1

• Contracts to make a will
• Contracts to revoke a will
• Contracts to die intestate

Governed by contract law

Question 2

Will Contracts - Consideration

Answer 2

Consideration must be given

Example: If a beneficiary promises to care for the testator in exchange for a bequest, this provides valid consideration, making the contract enforceable.

Question 3

Will Contract - Writing Requirements

Answer 3

Will Contract exists if:
* Will states material provisions of the contract;
* Terms are in a separate writtne contract; or
* Will expressly reference the contract and extrinsic evidences proves the terms

Question 4

Will Contracts - UPC

Answer 4

Contract must be in writing and included within the will to be enforceable through probate

**otherwise enforced through contract law

Question 5

Will Contracts - Enforceability/Remedies

Answer 5

• In most states, must be in writing and signed by charged party
• If not signed, P can only recover fair market value of services rendered
• Breach of contract not generally known under after testator’s death
• No remedy for breach whiel testator is alive

Question 6

Joint Wills

Answer 6

• Single will signed by 2+ people serving as will for each signer
• If not reciprocal, simply creates separate wills in one document
• If joint and reciprocal: (1) includes reciprocal provisions and (2) shows on face that devises were made in consideration of the other
• If one dies, the will becomes irrevocable to the surviver

Question 7

Reciprocal Wills

Answer 7

• Separate wills with identical or reciprocal provisions
• No contract between parties (ie either party may modify their will without the other’s knowledge)

Question 8

Contract Not to Revoke

Answer 8

Promise that they will not change or cancel their wills

Question 9

Contract Not to Revoke - Details

Answer 9

• Existence of a joint will or reciprocal wills does not automatically infer a contract not to revoke
• If there is actual proof of a contract not to revoke then the courts may intervene by creating a contructive trust

A joint will may lock in the survivor’s obligations, but reciprocal wills usually don’t—unless there is clear evidence they agreed not to revoke them. Courts don’t assume a contract unless there’s proof!