Martin v. Cassady

VANCE, Judge.

This case requires an interpretation of KRS 394.540, enacted in 1972, which provides as follows:(1) A contract to make a will or devise, or not to revoke a will or devise, or to die intestate, if executed after June 16, 1972, can be established only by:(a)Provisions of a will stating material provisions of the contract;(b) An express reference in a will to a contract and extrinsic evidence proving the terms of the contract; or(c) A writing signed by the decedent evidencing the contract.(2) The execution of a joint will or mutual will gives rise to no presumption of a contract not…