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Oregon Revised Statutes

Or. Rev. Stat. § 112.270 (2026)

Procedure to establish contract to make will or devise or not to revoke will or devise

✓ current as of May 2026
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      112.270 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
Cited in 9 cases, 1976–1999 · leading case: Est. of Krueger v. Ropp, 579 P.2d 847 (Or. 1978).
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Est. of Krueger v. Ropp, 579 P.2d 847 (Or. 1978). · cites it 2× “ORS 112.270 provides: "(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…”
Allen v. Hall, 974 P.2d 199 (Or. 1999). “, ORS 112.270 (requiring written evidence of any contract to create, revoke or not make a will); ORS 112.”
Willbanks v. Goodwin, 709 P.2d 213 (Or. 1985). · cites it 2× “The legislature sought to provide that guidance in 1973 by enacting ORS 112.270, which now provides: “(1) A contract to make a will or devise, or not to revoke a will or devise * * * executed after January 1, 1974, shall be established only by: “(a) Provisions of a will stating…”
Baker v. Mohr, 826 P.2d 111 (Or. Ct. App. 1992). · cites it 6× “Defendant moved for summary judgment on the basis of ORS 112.270, supported by an affidavit stating that no premarital agreement ever existed between him and decedent.”
Johnson v. Wilson, 554 P.2d 157 (Or. 1976). · cites it 2× “2 The 1978 Oregon Legislature, in adopting Oregon Laws 1973, Chapter 506, Section 13 (ORS 112.270), has acted to clarify the bringing of such suits.”
Catching v. Lashway, 735 P.2d 13 (Or. Ct. App. 1987). · cites it 2× “ORS 112.270 sets out the requirements for establishing a contract to make a will; ' however, the statute applies only to wills executed after January 1, 1974.”
Richardson v. Richardson, 648 P.2d 377 (Or. Ct. App. 1982). · cites it 5× “” The other provisions of ORS 112.270 are not involved here. ORS 115.”
Dickie v. Dickie, 769 P.2d 225 (Or. Ct. App. 1989). “and Delores also contend that ORS 112.270(1) prohibits enforcement of a contract to make a will during the life of the testator.”
Kent v. Brune, 776 P.2d 882 (Or. Ct. App. 1989). “ORS 112.270. The issues on appeal are whether the evidence is clear and convincing that there was a contract and that it was entered into before that daté, whether there is sufficient corroboration to satisfy the requirements of ORS 115.”
— Or. Rev. Stat. § 112.270(1) — 3 cases
Catching v. Lashway, 735 P.2d 13 (Or. Ct. App. 1987). “ORS 112.270 sets out the requirements for establishing a contract to make a will; ' however, the statute applies only to wills executed after January 1, 1974.”
Richardson v. Richardson, 648 P.2d 377 (Or. Ct. App. 1982). “” The other provisions of ORS 112.270 are not involved here. ORS 115.”
Dickie v. Dickie, 769 P.2d 225 (Or. Ct. App. 1989). “and Delores also contend that ORS 112.270(1) prohibits enforcement of a contract to make a will during the life of the testator.”
— Or. Rev. Stat. § 112.270(1)(c) — 1 case
Baker v. Mohr, 826 P.2d 111 (Or. Ct. App. 1992). “Defendant moved for summary judgment on the basis of ORS 112.270, supported by an affidavit stating that no premarital agreement ever existed between him and decedent.”
— Or. Rev. Stat. § 112.270(l)(c) — 1 case
Richardson v. Richardson, 648 P.2d 377 (Or. Ct. App. 1982). “” The other provisions of ORS 112.270 are not involved here. ORS 115.”
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