united-states contract-law wills enforcing-judgment
Enforceability of contracts that call for provisions in a will
<p>If Alice and Bob enter into a contract that calls for Bob to put a provision in his will that benefits Alice, and Bob does not put in the provision, would the courts likely uphold the contract after Bob's death, and give Alice the benefit, assuming all other aspects of the contract were legal and complied with?</p>
<p>I'm imagining cases like: Alice provides end-of-life care for Bob in exchange for an inheritance. Or in a slow real estate market, Alice agrees to sell a property at a reduced price that she jointly owns with Bob, in exchange for an inheritance.</p>

<blockquote>
<p>If Alice and Bob enter into a contract that calls for Bob to put a
provision in his will that benefits Alice, and Bob does not put in the
provision, would the courts likely uphold the contract after Bob's
death, and give Alice the benefit, assuming all other aspects of the
contract were legal and complied with?</p>
</blockquote>
<p>Yes, assuming there is adequate proof of the existence of the contract. The Colorado provision on point is typical:</p>
<blockquote>
<p>Colorado Revised Statutes § 15-11-514 (Contracts concerning
succession)</p>
<p>A contract to make a will or devise, or not to revoke a will or
devise, or to die intestate, if executed after July 1, 1995, may be
established only by (i) provisions of a will stating material
provisions of the contract, (ii) an express reference in a will to a
contract and extrinsic evidence proving the terms of the contract, or
(iii) a writing signed by the decedent evidencing the contract. The
execution of a joint will or mutual wills does not create a
presumption of a contract not to revoke the will or wills.</p>
</blockquote>
