Code of Alabama - Title 43: Wills and Decedents' Estates - Section 43-8-250 - Contracts concerning succession, etc.; no presumption of nonrevocation from joint or mutual wills

Section 43-8-250 - Contracts concerning succession, etc.; no presumption of nonrevocation from joint or mutual wills.

A contract to make a will or devise, or not to revoke a will or devise, or to die intestate, if executed after January 1, 1983, 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.

The execution of a joint will or mutual wills does not create a presumption of a contract not to revoke the will or wills.

(Acts 1982, No. 82-399, §2-701.)

Last modified: May 3, 2021