Written by attorneys · grounded in primary & secondary sources — see below
A will signed by two persons that disposes of the property of both. The execution of such a will does not by itself create a presumption of a contract not to revoke.
Sources & Authorities
How it applies
Common Examples
2
Surviving Spouse Revokes Joint Will
Jeanette Jensen and Jose Jimenez signed a single document leaving all their assets first to the survivor and then to their nieces. After Jose died, Jeanette executed a new will directing her estate to a charity. The nieces challenged the new will on the ground that the joint document created an irrevocable plan. Because the joint will contained no express contractual language and no separate signed writing evidenced an agreement not to revoke, the later will controlled the disposition.
Joint Will Found Contractual
Jerome Jackson and Jada Jones executed one instrument that used plural pronouns and stated their intention that the dispositions be binding. After Jerome died, Jada attempted to change the plan by a new will favoring her own relatives. The court examined the language of the joint document and extrinsic evidence of the parties' understanding to determine whether the survivor remained bound by the original scheme.
Put it into practice
Test Yourself
3
Practice Questions1
· 1 primary source
Select any source to read its text and confirm it supports the definition.
Uniform Acts
Casebooks
Hornbooks
Course Outlines
Study Supplements
Dictionaries
In re Estate of Chronister203 Kan. 366, 373, 454 P.2d 438 (1969)
Common questions
Frequently Asked
4
Does the mere execution of a joint will create a presumption that the parties agreed not to revoke it?+
No. Under the modern approach reflected in the UPC, execution of a joint will does not create even a presumption of a contract not to revoke. An enforceable restriction on revocation must be proved by one of the three statutory methods: material provisions stated in a will, an express reference to a contract plus extrinsic evidence, or a signed writing evidencing the contract.
Supporting sources
How does a joint will differ from mutual wills?+
A joint will is a single instrument executed by both parties and offered for probate as the will of each. Mutual wills are separate instruments containing reciprocal provisions. Both raise similar questions about whether an underlying contract restricts later revocation, but the formal distinction affects only the manner of execution and probate.
Supporting sources
What evidence is required to enforce a contract not to revoke that is alleged to accompany a joint will?+
The contract must be proved by material provisions stated in the will itself, an express reference in the will to a contract plus extrinsic evidence of its terms, or a separate writing signed by the party alleged to have breached it. The joint will alone does not satisfy any of these methods.
Supporting sources
Can language in a joint will itself establish that the dispositions are irrevocable?+
Yes. When the joint will contains clear contractual language, such as statements that the instrument is intended to be binding or that the survivor is limited in altering the plan, courts may find an enforceable contract. The presence of such language turns on the specific wording and any extrinsic evidence of intent.
Supporting sources
Trusts and Estates Decedents EstatesWills · Contractual willsUBEIntermediate