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Breach of Contract to Make a Will

There can be a legally binding contract to create a last will and testament. Though quite rare,  how this usually would look is that one party agrees to leave something to the other contracting party in his/her last will and testament. Breach of contract to make a will is a recognized claim in Missouri. Easley v. Easley, 333 S.W.2d 80 (Mo. 1960). Oral contracts to devise and/or create a will are traditionally viewed as unenforceable and are subject to stringent elements of proof in equity. Rohrer v. Rohrer, 731 S.W.2d 883, 884 (Mo. Ct. App. 1987). Recognizing the potential confusion and flood of litigation that could result if litigants argued for the existence of an oral contract to will, Section 474.155, RSMo was created to set forth concrete requirements for contracts to make a will: (1) the will must state the material terms of the contract, (2) there must be an express reference in the will to the contract and extrinsic evidence proving the terms of the contract or (3) a writing signed by the decedent evidencing the contract. 

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