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;
will 560x170

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Terms Used In Hawaii Revised Statutes 560:2-514

  • Contract: A legal written agreement that becomes binding when signed.
  • Devise: To gift property by will.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Intestate: Dying without leaving a will.
(2) An express reference in a will to a contract and extrinsic evidence proving the terms of the contract; or
(3) A writing evidencing the contract and signed by the party alleged to have breached the contract.

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

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