Entering a contract to be placed in a person’s will?

Sounds odd doesn’t it. Entering a contract to be put in someone’s will or giving up some legal right in someone’s will, however, the law allows such a process if the elements of a contract (1) offer, (2) acceptance and (3) consideration are met.

We can see this happen in the case of folks who have kids from prior marriages, decide to get married, and enter a prenuptial agreement, which provides that their respective kids from their prior marriage will get a certain distribution of property and the second spouse waives their right to take an “elected share” against the estate of the first to pass away.