Contract Wills

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:

  1. Provisions of a will stating material provisions of the contract;
  2. An express reference in a will to a contract and extrinsic evidence proving the terms of the contract; or
  3. A writing signed by the decedent evidencing the contract.

Source: T.C.A. § 32-3-107

Posted by Joel D. Roettger, JD, LLM, EPLS

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