(a) 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, 1997, may 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.
(b) The execution of a joint will or mutual wills does not create a presumption of a contract not to revoke the will or wills.
Other Sections in this Chapter:
- Sec. 13.12.101. Intestate estate.
- Sec. 13.12.103. Share of heirs other than surviving spouse.
- Sec. 13.12.105. No taker.
- Sec. 13.12.107. Kindred of half blood.
- Sec. 13.12.109. Advancements.
- Sec. 13.12.111. Alienage.
- Sec. 13.12.113. Individuals related to decedent through two lines.
- Sec. 13.12.201. Definitions.
- Sec. 13.12.203. Composition of the augmented estate.
- Sec. 13.12.205. Decedent’s nonprobate transfers to others.
- Sec. 13.12.207. Surviving spouse’s property and nonprobate transfers to others.
- Sec. 13.12.209. Sources from which elective share payable.
- Sec. 13.12.211. Proceeding for elective share; time limit.
- Sec. 13.12.213. Waiver of right to elect and of other rights.
- Sec. 13.12.301. Entitlement of spouse; premarital will.
- Sec. 13.12.401. Applicable law.
- Sec. 13.12.403. Exempt property.
- Sec. 13.12.405. Source, determination, and documentation.
- Sec. 13.12.501. Who may make will.
- Sec. 13.12.504. Self-proved will.
- Sec. 13.12.506. Choice of law as to execution.
- Sec. 13.12.508. Revocation by change of circumstances.
- Sec. 13.12.510. Incorporation by reference.
- Sec. 13.12.512. Events of independent significance.
- Sec. 13.12.516. Duty of custodian of will; liability.
- Sec. 13.12.530. Establishment of will validity before death.
- Sec. 13.12.535. Establishment of trust validity before death.
- Sec. 13.12.540. Venue.
- Sec. 13.12.545. Contents of petition for will validity.
- Sec. 13.12.550. Contents of petition for trust validity.
- Sec. 13.12.555. Declaration by court.
- Sec. 13.12.560. Binding effect of declaration.
- Sec. 13.12.565. Hearing and notice.
- Sec. 13.12.570. Burden of proof.
- Sec. 13.12.575. Change to will after declaration.
- Sec. 13.12.580. Change to trust after declaration.
- Sec. 13.12.585. Confidentiality.
- Sec. 13.12.590. Definitions.
- Sec. 13.12.601. Scope.
- Sec. 13.12.603. Antilapse; deceased devisee; class gifts.
- Sec. 13.12.605. Increase in securities; accessions.
- Sec. 13.12.607. Nonexoneration.
- Sec. 13.12.609. Ademption by satisfaction.
- Sec. 13.12.701. Scope.
- Sec. 13.12.703. Choice of law as to meaning and effect of governing instrument.
- Sec. 13.12.705. Class gifts; terms of relationship.
- Sec. 13.12.707. Survivorship with respect to future interests under terms of trust; substitute takers.
- Sec. 13.12.709. Distribution by representation, per capita at each generation, and per stirpes.
- Sec. 13.12.711. Interests in heirs and other persons.
- Sec. 13.12.720. Family-owned business deduction. Repealed
- Sec. 13.12.802. Effect of divorce, annulment, and decree of separation.
- Sec. 13.12.804. Effect of divorce, annulment, and other changes of circumstances on probate and nonprobate transfers.
- Sec. 13.12.907. Honorary trusts; trusts for pets.
- Sec. 13.12.912. International will; validity.
- Sec. 13.12.914. International will; other points of form.
- Sec. 13.12.916. International will; effect of certificate.
- Sec. 13.12.918. Source and construction.
- Sec. 13.12.920. International will information registration.