1. (1) A contract to make a will or devise or not to revoke a will or devise or to die intestate, if executed after July 1, 1975, may be established only by:

   1. (a) provisions of a will stating material provisions of the contract;
   2. (b) an express reference in a will to a contract and extrinsic evidence proving the terms of the contract; or
   3. (c) a writing signed by the decedent evidencing the contract.
2. (2) The execution of a joint will or mutual wills does not create a presumption of a contract not to revoke the will or wills.

History: En. 91A-2-701 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-2-701; amd. Sec. 9, Ch. 494, L. 1993; Sec. 72-2-105, MCA 1991; redes. 72-2-534 by Code Commissioner, 1993.