A contract to make a will or devise, or not to revoke a will or devise, or to die intestate, if executed after January 1, 1977, can be established only by (1) provisions of a will stating material provisions of the contract; (2) an express reference in a will to a contract and extrinsic evidence proving the terms of the contract; or (3) a writing signed by the decedent evidencing the contract. The execution of a joint will or mutual wills does not create a presumption of a contract not to revoke the will or wills.
Notes of Decisions
Cited in
11
cases (
4 in the last 5 years), 1982–2024 · leading case:
White v. White, 6 N.W.3d 204 (Neb. 2024).
White v. White, 6 N.W.3d 204 (Neb. 2024).
· cites it 7× “As is relevant to this appeal, no motor vehicles were listed as the separate property of either party. 2. Application for Informal Probate and Appointment as Representatives Lenny died in October 2018.”
Pruss v. Pruss, 514 N.W.2d 335 (Neb. 1994).
· cites it 4× “§ 30-2351 (Reissue 1989) provides: A contract to make a will or devise, or not to revoke a will or devise, or to die intestate, if executed after January 1, 1977, can be established only by (1) provisions of a will stating material provisions of the contract; (2) an express…”
Johnson v. Anderson, 771 N.W.2d 565 (Neb. 2009).
· cites it 17× “The court found that Roger had not produced evidence sufficient to establish the existence of a contract to make a will pursuant to Neb. Rev. Stat. § 30-2351 (Reissue 2008).”
Filsinger v. Jacobs (In Re Est. of Filsinger), 927 N.W.2d 391 (Neb. Ct. App. 2019).
· cites it 2× “Neb. Rev. Stat. § 30-2351 (Reissue 2016) contemplates contracts concerning succession, sometimes referred to as a "contract for wills.”
In re Est. of Stuchlik, 289 Neb. 673 (2014).
· cites it 2× “The court correctly found that the language in the will did not raise a presumption of a contract for wills.”
In re Est. of Nicholson, 320 N.W.2d 739 (Neb. 1982).
· cites it 6× “The District Court sustained the motion for summary judgment on the basis of two statutes, Neb. Rev. Stat. §§ 30-2351 and 30-2352 (Reissue 1979).”
White v. White, 988 N.W.2d 207 (Neb. Ct. App. 2023).
· cites it 9× “Section 30-2485 requires that a claim against a decedent’s estate which arises at or after the decedent’s death be brought within 4 months after it arises.”
Sherman v. Sherman, 751 N.W.2d 168 (Neb. Ct. App. 2008).
· cites it 3× “Neb.Rev.Stat. § 30-2351 (Reissue 1995) provides: A contract to make a will or devise, or not to revoke a will or devise, or to die intestate, if executed after January 1, 1977, can be established only by (1) provisions of a will stating material provisions of the contract; (2)…”
White v. White, 988 N.W.2d 207 (Neb. Ct. App. 2023).
· cites it 9× “Section 30-2485 requires that a claim against a decedent’s estate which arises at or after the decedent’s death be brought within 4 months after it arises.”
Willy v. Marion Powers & Omaha Nat'l Bank, 343 N.W.2d 758 (Neb. 1984).
· cites it 6× “The issues to be determined were whether an oral agreement to make a will existed, and, if so, whether there was *402 part performance such that the contract could be deemed to have been “executed” before January 1, 1977, within the purview of Neb. Rev. Stat. § 30-2351 (Reissue…”
Rowse Hydraulic Rakes Co. v. Rowse, No. A-22-111 (Neb. Ct. App. Feb. 7, 2023).
· cites it 2× “The DEPA stated that it was intended to create an enforceable contract under “the Nebraska Probate Code Section 30-2351 entitled ‘Contracts Concerning Succession’” and that it was to “extend to and be binding upon OWNERS, HEIRS, their personal representatives, heirs, legatees,…”
Neb. Rev. Stat. § 30-2351(1): 1 case
Johnson v. Anderson, 771 N.W.2d 565 (Neb. 2009).
“The court found that Roger had not produced evidence sufficient to establish the existence of a contract to make a will pursuant to Neb. Rev. Stat. § 30-2351 (Reissue 2008).”
Neb. Rev. Stat. § 30-2351(2): 1 case
Johnson v. Anderson, 771 N.W.2d 565 (Neb. 2009).
“The court found that Roger had not produced evidence sufficient to establish the existence of a contract to make a will pursuant to Neb. Rev. Stat. § 30-2351 (Reissue 2008).”
Neb. Rev. Stat. § 30-2351(3): 3 cases
Johnson v. Anderson, 771 N.W.2d 565 (Neb. 2009).
“The court found that Roger had not produced evidence sufficient to establish the existence of a contract to make a will pursuant to Neb. Rev. Stat. § 30-2351 (Reissue 2008).”
White v. White, 988 N.W.2d 207 (Neb. Ct. App. 2023).
“Section 30-2485 requires that a claim against a decedent’s estate which arises at or after the decedent’s death be brought within 4 months after it arises.”
White v. White, 988 N.W.2d 207 (Neb. Ct. App. 2023).
“Section 30-2485 requires that a claim against a decedent’s estate which arises at or after the decedent’s death be brought within 4 months after it arises.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.