Chapter 13 - § 13.9 • EFFECT OF CONTRACT FOR MUTUAL WILLS

• Jurisdiction: Colorado

§ 13.9 • EFFECT OF CONTRACT FOR MUTUAL WILLS

It was held under former law that a spouse's election could not be denied because there was an alleged contract for mutual or reciprocal wills. The election is statutory, and the remedy for breach of the contract is a separate matter that can be disposed of in a proceeding for specific performance or for damages. It would appear, however, that the election would be a factor in the nature of the remedy and its quantum.²³

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Notes:

^[23] Estate of Williams,...