There is no longer any certainty that one can successfully argue that purely oral mutual promises to bequeath property are unenforceable due to the Statute of Frauds. The author traces the trends in the oral will contract area during the past eighty years. He then analyzes various exceptions to the Statute of Frauds which have developed to allow oral will contracts to be enforced during the lifetime of the promisor, or more frequently after his or her death.
Marc P. Bouret
Oral Will Contracts and the Statute of Frauds in California, 1896-1980: A Summary and Evaluation ,
8 Pepp. L. Rev.
Available at: http://digitalcommons.pepperdine.edu/plr/vol8/iss1/2