Contracts to Make or Revoke Wills

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  1. A contract to make a will or devise, or not to revoke a will or devise, or to die intestate can be established only by:
    1. Provisions of a will stating material provisions of the contract;
    2. An express reference in a will to a contract and extrinsic evidence proving the terms of the contract; or
    3. A writing signed by the decedent evidencing the contract.
  2. The execution of a joint will or mutual wills does not create a presumption of a contract to make a will, or to refrain from revoking a will.


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