Alabama Code (Last Updated: November 28, 2014) |
Title43 WILLS AND DECEDENTS' ESTATES. |
Chapter8. PROBATE CODE. |
Article9. Miscellaneous Provisions. |
§43-8-250. Contracts concerning succession, etc.; no presumption of nonrevocation from joint or mutual wills.
Latest version.
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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.