Lazetich v. Miller

I dissent. I do not believe the testimony of the attorney established the existence of an oral contract not to revoke dispositive provisions of mutual wills by clear, cogent and convincing evidence.

We recognized oral contracts not to revoke a will before adopting the Montana Uniform Probate Code. Sanger v. Huguenel (1922), 65 Mont. 236, 211 P. 349. However, we have consistently regarded them with disfavor and require *256proof by clear, cogent and convincing evidence established by the testimony of disinterested witnesses.

Other jurisdictions have defined clear and convincing:

“Clear and convincing…