Contracts to make a will or not make a will

Generally, a testator who executes a will can later revoke his gift because wills are "ambulatory." But what if there is a contract between the testator and his beneficiary providing that the testator will not revoke is will? In this case, if the testator revokes, the testator is in breach of the contract and upon the testator's death, the beneficiary can sue the testator's estate for breach of contract.

Requirements for a contract not to revoke (or to make a will)
There are 5 alternative ways in California. The first way to enforce this is the will states the material provisions of the contract. For example, the testator's will says "in consideration of the $5000 given to me, I have promised to devise Blackacre to Abel, and I hereby do devise Blackacre to Abel."

The second way if there is express reference in the will or other instrument (i.e. a trust) to a contract. The terms of the contract can be established by extrinsic evidence or oral testimony.

The third way if there is a writing signed by the decedent evidencing a contract.

The fourth way if if there is clear and convincing evidence of an agreement between the decedent and promisee that is enforceable in equity. This is estoppel.

Finally, the fifth way is if there is clear and convincing evidence of an agreement between the decedent and a third person for the benefit of the claimant that is enforceable in equity. This is estoppel as well.

When does the cause of action accrue?
The general rule is the COA arises when the decedent dies. No COA arises at breach because a moment before the decedent dies, she or he can execute a new will in compliance with the contract.

There is an exception if the decedent is engaging in conduct which would be a fraud on the promise. If the testator promised Abel to devise Blackacre to Amy, and the testator prepares to sell Blackacre with the intent to dissipate fund, because Amy will be irreparably harmed if the sale goes through, Amy can try to secure an injunction to prevent the sale during the testator's life.

Joint and mutual wills
A joint will is the will of 2 or more persons on one document. The provisions do not have to be reciprocal. When the first person dies, the will is probated. When the second person dies, the will is probated against.

A mutual will is the separate wills of 2 or more persons which are reciprocal. For example, a husband and wife may execute their own separate wills but the husband and wife both leave everything to each other.

Joint and mutual wills are reciprocal wills on one document.

The execution of a joint or mutual will does not create a presumption of a contract to not revoke or make a will but it can be evidence of it in conjunction with other factors.

Remedies
Damages, specific performance, constructive trust.