Tennessee Code Annotated
Tenn. Code Ann. § 32-3-107 (2026)
Contracts to make or revoke wills
✓ current as of May 2026
- (a) A contract to make a will or devise, or not to revoke a will or devise, or to die intestate 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.
- (b) The execution of a joint will or mutual wills does not create a presumption of a contract to make a will, or to refrain from revoking a will.
Acts 1977, ch. 88, §§ 1, 2; 1978, ch. 745, § 1; T.C.A., § 32-308.
Notes of Decisions
Cited in 12
cases (1 in the last 5 years), 1988–2025 · leading case: Winningham v. Winningham, 966 S.W.2d 48 (Tenn. 1998).
Winningham v. Winningham, 966 S.W.2d 48 (Tenn. 1998). “Winningham’s attorney advised her that he had been mistaken regarding the law, and he recommended that the suit be dismissed immediately.”
In re the Est. of Fusse, 803 S.W.2d 245 (Tenn. Ct. App. 1990). “Initially, it should be noted that the 1971 wills were executed prior to the enactment of T.C.A. § 32-3-107 regarding contracts to make a will, which statute has no application to the present case.”
In re Est. of Hurdle, 868 S.W.2d 627 (Tenn. Ct. App. 1993). “Parties may, however, contract with each other to limit future testamentary distribution of property by the survivor. In such a case, the will of the first party to die is the will of both parties and the will of the last party to die is ineffective.”
In Re Est. of Nancy L. Josephson (Tenn. Ct. App. 2012). “§36-3-501 and consistent with public policy, 5) and in the face of the revocability of a contract to create a will, pursuant to Tenn. Code Ann. §32-3-107 . S TANDARD OF R EVIEW We review the trial court’s findings of facts de novo, accompanied by a presumption of correctness,…”
Shirley Schulze, A/K/A Shirley Schulze Vires v. Jere Steven (Tenn. Ct. App. 2001). “See Tenn. Code Ann. § 32-3-107 (a) (stating that a contract to make a will can be established only by an express provision in the d eced ent’s w ill or a w ritten co ntract to that effect).”
Hon. Frank v. Williams, Iii (Tenn. Ct. App. 1997). “But if we are mistaken in this conclusion, we think Lillie’s testimony in any event does not satisfy the requirements of Tenn. Code Ann. § 32-3-107 , in earlier times known as the Troutman Act.”
Mary Rachel Brown Williams v. Jeweline R. Crenshaw (Tenn. Ct. App. 2004). “§ 32-308 (1977) (presently codified at Tenn. Code Ann. § 32-3-107 (2001)); Rogers, 733 S.”
George D. Woodard, Jr. v. The Est. of Martha Almeda Swope Woodard (Tenn. Ct. App. 2004). “See Tenn. Code Ann. § 32-3-107 (a)(1) - (3). However, as this Act does not apply retroactively, we are required here to apply the law as it existed prior to its enactment.”
In Re Est. of Paul D. Freeman (2020). “The court entered an order on June 29, 2018, determining that the Land Agreement was a contract to make or revoke a will in accordance with Tenn. Code Ann. § 32-3-107 and ruled as follows: .”
Millard Earl Kitzmiller v. Roy Kitzmiller (Tenn. Ct. App. 2025). “As the trial court correctly noted in its final order, the General Assembly enacted rigid requirements to prove a contract to make a will, citing Tennessee Code Annotated § 32-3-107. The statute provides that such a contract can be established only by: (1) Provisions of a will…”
James Miller v. Miller Bros. Farms, Inc. (Tenn. Ct. App. 1999). “T.C.A. §32-3-107 provides as follows: (a) A contract to make a will or devise, or not to revoke a will or devise, or to die intestate 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…”
Junot v. Est. of Gilliam, 759 S.W.2d 645 (Tenn. 1988). “Public Acts, chapter 745, now codified as T.C.A. § 32-3-107, providing that such contracts 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…”
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