Intestate Succession and Wills

ORS 112.270
Procedure to establish contract to make will or devise or not to revoke will or devise


(1)

A contract to make a will or devise, or not to revoke a will or devise, or to die intestate, executed after January 1, 1974, shall be established only by:

(a)

Provisions of a will stating material provisions of the contract;

(b)

An express reference in a will to a contract and extrinsic evidence proving the terms of the contract; or

(c)

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 not to revoke the will or wills. [1973 c.506 §13]

Notes of Decisions

Where exhibits evidenced decedent's intent that plaintiff receive his property, but made no reference to an underlying agreement between them to devise, such evidence did not meet requirements of this section of a "writing signed by the decedent evidencing the contract". Richardson v. Richardson, 58 Or App 338, 648 P2d 377 (1982), Sup Ct review denied

Person seeking specific performance of contract to make mutual reciprocal wills, entered into before effective date of ORS 112.270, must show it is much more probable than not that parties understood survivor's will to be irrevocable. Willbanks v. Goodwin, 300 Or 181, 709 P2d 213 (1985)

This section establishes means of proving contract to make will but does not govern when such contracts may be enforced and thus plaintiff could bring action during life of "testator." Dickie v. Dickie, 95 Or App 310, 769 P2d 225 (1989), Sup Ct review denied


Source

Last accessed
Jun. 26, 2021