Section 853.13. Contracts.
Latest version.
- (1) A contract to make a will or devise, not to revoke a will or devise or to die intestate may be established only by any of the following:(a) Provisions of a will stating the material provisions of the contract.(b) An express reference in a will to a contract and extrinsic evidence proving the terms of the contract.(c) A valid written contract, including a marital property agreement under s. 766.58 (3) (e) .(d) Clear and convincing extrinsic evidence.(2) The execution of a joint will or mutual wills does not create a presumption of a contract not to revoke the will or wills.
1995 a. 225
;
1997 a. 188
.
The existence of an irrevocable contract does not prevent the making of a later will or its admission to probate. The remedy is an action in equity to enforce the contract. Estate of Schultz,
53 Wis. 2d 643
,
193 N.W.2d 655
(1972).
Whether clear and convincing evidence of a contract exists is a fact to be found by the trial court and given deference by an appellate court. Estate of Czerniejewski,
185 Wis. 2d 892
,
619 N.W.2d 702
(Ct. App. 1994).
Note
The preceding cases were decided prior to the adoption of
1997 Wis. Act 188
, which made extensive revisions to this section.
Microsoft Windows NT 6.1.7601 Service Pack 1
Joint and mutual wills. Kroncke, 43 WBB, No. 5.
Microsoft Windows NT 6.1.7601 Service Pack 1
Contracts to make joint or mutual wills. O'Donnell, 55 MLR 103.
Microsoft Windows NT 6.1.7601 Service Pack 1