Texas Estates Code 254.004 – Contracts Concerning Wills or Devises; Joint or Reciprocal Wills
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(a) A contract executed or entered into on or after September 1, 1979, to make a will or devise, or not to revoke a will or devise, may be established only by:
(1) a written agreement that is binding and enforceable; or
(2) a will stating:
(A) that a contract exists; and
(B) the material provisions of the contract.
(b) The execution of a joint will or reciprocal wills does not constitute by itself sufficient evidence of the existence of a contract.
Terms Used In Texas Estates Code 254.004
- 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.
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005