Section 13.100 Contractual Nature of Joint or Mutual Wills

• Library: Estate Planning 2013 Supp

D. (§13.100) Contractual Nature of Joint or Mutual Wills

Section 474.155, RSMo 2000, is consistent with long-established caselaw in its insistence on a “contract.” Missouri law is clear that, in the absence of a contract, joint or mutual wills may be revoked or altered at the pleasure of the testator. In Rohrer v. Rohrer, 731 S.W.2d 883 (Mo. App. E.D. 1987), the court noted that joint or mutual wills, like ordinary wills, are ambulatory in nature unless a valid and enforceable contract creates an irrevocable joint or mutual will. It is well settled that joint or mutual wills, if not founded on or embodying any contract, may be altered or revoked like ordinary wills. See:

Plemmons v. Pemberton, 139 S.W.2d 910 (Mo. banc 1940)

Jackson v. Williams, Robinson, White & Rigler, P.C., 230 S.W.3d 345 (Mo. App. S.D. 2007)

Moran v. Kessler, 41 S.W.3d 530 (Mo. App. W.D. 2001)

Glueck v. McMehen, 318 S.W.2d 371 (Mo. App. S.D. 1958)

The requirement of a “contract” to support an irrevocable joint or mutual will was the emphasis of the court in Estate of Dugger v. Dugger,
110 S.W.3d 423 (Mo. App. S.D. 2003). In holding that there was insufficient evidence to support...