Kentucky Statutes 394.540 – Contract to make a will, not to revoke a will or to die intestate
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(1) A contract to make a will or devise, or not to revoke a will or devise or to die intestate, if executed after June 16, 1972, can 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 gives rise to no presumption of a contract not to revoke the will or wills.
History: Created 1972 Ky. Acts ch. 168, sec. 3, effective June 16, 1972.
(a) Provisions of a will stating material provisions of the contract;
Terms Used In Kentucky Statutes 394.540
- Contract: A legal written agreement that becomes binding when signed.
- Decedent: A deceased person.
- 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.
(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 gives rise to no presumption of a contract not to revoke the will or wills.
History: Created 1972 Ky. Acts ch. 168, sec. 3, effective June 16, 1972.