Idaho Statutes
§ 15-2-701 — CONTRACTS CONCERNING SUCCESSION
Idaho·Title 15 UNIFORM PROBATE CODE·Part 7. CONTRACTUAL ARRANGEMENTS RELATING TO DEATH·Ch. 2 INTESTATE SUCCESSION — WILLS
A contract to make a will or devise, or not to revoke a will or devise, or to die intestate, if executed after the effective date of this act, can be established only 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. The execution of a joint will or mutual wills does not create a presumption of a contract not to revoke the will or wills.
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Related
H&W v. Cathie Peterson RE: The Estate of Melvin Peterson (deceased)
340 P.3d 1143 (Idaho Supreme Court, 2014)
Miller v. Estate of Prater
108 P.3d 355 (Idaho Supreme Court, 2005)
Legislative History
[I.C., sec. 15-2-701, as added by 1971, ch. 111, sec. 1, p. 233.]
Nearby Sections
15
§ 15-1-101
SHORT TITLE§ 15-1-102
PURPOSES — RULE OF CONSTRUCTION§ 15-1-104
SEVERABILITY§ 15-1-105
CONSTRUCTION AGAINST IMPLIED REPEAL§ 15-1-106
EFFECT OF FRAUD AND EVASION§ 15-1-107
EVIDENCE AS TO DEATH OR STATUS§ 15-1-108
ACTS BY HOLDER OF GENERAL POWER§ 15-1-201
GENERAL DEFINITIONS§ 15-1-301
TERRITORIAL APPLICATION§ 15-1-303
VENUE — MULTIPLE PROCEEDINGS — TRANSFER§ 15-1-305
RECORDS AND CERTIFIED COPIES§ 15-1-305A
RECORDING PERMITTED — EFFECT§ 15-1-306
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