- 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:
- Provisions of a will stating material provisions of the contract;
- An express reference in a will to a contract and extrinsic evidence proving the terms of the contract; or
- 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 to make a will, or to refrain from revoking a will.