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If Alice and Bob enter into a contract that calls for Bob to put a provision in his will that benefits Alice, and Bob does not put in the provision, would the courts likely uphold the contract after Bob's death, and give Alice the benefit, assuming all other aspects of the contract were legal and complied with?

I'm imagining cases like: Alice provides end-of-life care for Bob in exchange for an inheritance. Or in a slow real estate market, Alice agrees to sell a property at a reduced price that she jointly owns with Bob, in exchange for an inheritance.

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    I don't know the answer, but surely Alice and Bob can get the same effect without involving Bob's will at all. "I, Alice, promise to provide care for Bob, in exchange for a payment of $XXX,XXX, payable upon Bob's death." Alice can then collect from Bob's estate, regardless of what he does or doesn't do with his will. This is actually even better for Alice because in case the liabilities of Bob's estate exceed its assets, as a creditor she can still get paid a portion of what she's owed, whereas if she were an heir she'd get nothing. Aug 7, 2021 at 18:00

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If Alice and Bob enter into a contract that calls for Bob to put a provision in his will that benefits Alice, and Bob does not put in the provision, would the courts likely uphold the contract after Bob's death, and give Alice the benefit, assuming all other aspects of the contract were legal and complied with?

Yes, assuming there is adequate proof of the existence of the contract. The Colorado provision on point is typical:

Colorado Revised Statutes § 15-11-514 (Contracts concerning succession)

A contract to make a will or devise, or not to revoke a will or devise, or to die intestate, if executed after July 1, 1995, may be established only by (i) provisions of a will stating material provisions of the contract, (ii) an express reference in a will to a contract and extrinsic evidence proving the terms of the contract, or (iii) 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.

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