Wills - Contractual Wills

Question 1

Valid contracts =

Answer 1

mutual assent + consideration + no defenses to formation

Question 2

valid contracts to make wills are

Answer 2

generally enforceable

Question 3

valid contracts to make wills may take the form of

Answer 3

mutual or joint wills

a contract to make a certain devise by will

a K to not revoke a will or a provision included in the will

OR

a K to refrain from executing a will

Question 4

Mutual wills are

Answer 4

separate wills of at least two people which contain similar or reciprocal provisions.

Question 5

A joint will is

Answer 5

a single document executed by at least two people (usually spouses) which contain similar or reciprocal provisions.

Question 6

In most states, contracts to make a will must be

Answer 6

in writing.

Jurisdictions that do not expressly address this matter in their probate codes usually come to the same conclusion by applying the Statute of Frauds

Question 7

If a party breaches a valid contract to make a will,

Answer 7

the court will usually probate the new will and impose a constructive trust in favor of the original intended beneficiaries under the contractual agreement.