In the Estate of Brown, 402 S.W.3d 193 (Tenn. 2013), thecourt found that a Mutual promise not to revoke is deemed sufficientconsideration to support contractual wills. A husband and his wifeexecuted mutual wills pursuant to a contract not to revoke. After thehusband’s death, his wife executed a new will with terms different from thoserequired by the contract. The court held that the mutual promise not torevoke was sufficient consideration for the contract and affirmed the trialcourt’s jurisdiction to hear the case, stating that there are three ways toenforce a claim under a contractual will. The three ways are: by a claimagainst the decedent’s estate, by a will contest, and by an action for specificperformance of the contract.
Special thanks to William LaPiana (Professor of Law, New York Law School) for bringing this case to my attention.
