3.  Single document containing wills of two or more persons.

4.  Separate wills with parallel dispositive plans.  “Sweetheart wills” ▪ “I leave all to wife. If wife is dead, I leave all to children.” ▪ “I leave all to husband. If husband is dead, I leave all to children.”

5.  Will executed (or not revoked) pursuant to a valid contract.  EC § 254.004

6.  Establishing if will written before 9/1/79:  Extrinsic evidence allowed.  Caused considerable litigation.

7.  Establishing if will written on or after 9/1/79:  1. Express provision in will stating: ▪ A contract exists, and ▪ The material terms of that contract.

8.  Establishing if will written on or after 9/1/79:  2. Provisions of a written agreement that is binding or enforceable. ▪ e.g., a marital agreement

9.  Remedy for breach  Constructive trust imposed on person who received property in favor of person who should have received property.

10.  To what property does contract attach  Murphy v. Slaton – p. 321  If contract silent, only to property owned at time first person dies.

11.  Revocability of Contract  While both alive – generally revocable upon notice unless contract provides otherwise.  After one dies – generally irrevocable.  Note – will remains revocable even though revocation breaches contract.

12.  Advice  Avoid.  Other techniques (e.g., trust) work better.