Is a contract to make a will enforceable under Tennessee law?
Yes. Tennessee specifically authorizes contracts to:
- Make a will or devise,
- Not to revoke a will or devise, and
- To die intestate
However, such contracts can only be established by:
- Provisions of a will stating material provisions of the contract;
- An express reference in a will to a contract and extrinsic evidence proving the terms of the contract; or
- A writing signed by the decedent evidencing the contract.
Source: T.C.A. § 32-3-107
Posted by Joel D. Roettger, JD, LLM, EPLS