HRS §560:2-514
Proving a contract about who gets your property after death
This section explains how to prove a contract about making or not changing a will. After January 1, 1997, you can only prove such a contract in three specific ways. Making a joint will or mutual wills does not by itself mean there is a contract not to revoke them.
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The statute, as written — Contracts concerning succession
A contract to make a will or devise, or not to revoke a will or devise, or to die intestate, if executed after January 1, 1997, may 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 evidencing the contract and signed by the party alleged to have breached the contract. The execution of a joint will or mutual wills shall not create a presumption of a contract not to revoke the will or wills.
LawTrove is not legal advice. The summary above is a computer-generated restatement — the authoritative text is the official version linked above.