Contracts Relating to Wills

Question 1

Proving the contents of a contract to make a will, to revoke a will or to not revoke it, or to die intestate may be established by one of the following:

Answer 1

1. A provision in the will that states the material provisions of the contract;
2. An express reference in a will, or other instrument to a contract, and extrinsic evidence that proves the terms of the contract.
3. A writing signed by the decedent evidencing the contract; or
4. Clear and convincing evidence of an agreement that is enforceable in equity.

Question 2

The existence of joint or mutual wills

Answer 2

does not create a presumption of a contract to make or revoke a will.