2017 ORS 112.270¹
Procedure to establish contract to make will or devise or not to revoke will or devise

(1) A contract to make a will or devise, or not to revoke a will or devise, or to die intestate, executed after January 1, 1974, shall 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 wills does not create a presumption of a contract not to revoke the will or wills. [1973 c.506 §13]

Notes of Decisions

Where exhibits evidenced decedent’s intent that plaintiff receive his prop­erty, but made no reference to an underlying agree­ment between them to devise, such evidence did not meet require­ments of this sec­tion of a “writing signed by the decedent evidencing the contract”. Richardson v. Richardson, 58 Or App 338, 648 P2d 377 (1982), Sup Ct review denied

Person seeking specific performance of contract to make mutual reciprocal wills, entered into before effective date of ORS 112.270 (Procedure to establish contract to make will or devise or not to revoke will or devise), must show it is much more probable than not that parties understood survivor’s will to be irrevocable. Willbanks v. Goodwin, 300 Or 181, 709 P2d 213 (1985)

This sec­tion es­tab­lishes means of proving contract to make will but does not govern when such contracts may be enforced and thus plaintiff could bring ac­tion during life of “testator.” Dickie v. Dickie, 95 Or App 310, 769 P2d 225 (1989), Sup Ct review denied

1 Legislative Counsel Committee, CHAPTER 112—Intestate Succession and Wills, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors112.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 112, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano112.­html (2017) (last ac­cessed Mar. 30, 2018).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.